What changed, Regulation (EU) 2020/1783

+ ## CHAPTER I — GENERAL PROVISIONS
− ### art_1
+ ### Article 1 — Scope
− Article 1
+ **1.** This Regulation applies in civil or commercial matters in which the court of a Member State, in accordance with the law of that Member State, requests:(a) the competent court of another Member State to take evidence; or(b) the taking of evidence directly in another Member State.
− 1. This Regulation applies in civil or commercial matters in which the court of a Member State, in accordance with the law of that Member State, requests:
+ **2.** A request shall not be made to obtain evidence which is not intended for use in judicial proceedings that have already commenced or are being contemplated.
− | (a) | the competent court of another Member State to take evidence; or |
− | --- | --- |
+ ### Article 2 — Definitions
− | (b) | the taking of evidence directly in another Member State. |
− | --- | --- |
− 2. A request shall not be made to obtain evidence which is not intended for use in judicial proceedings that have already commenced or are being contemplated.
− 
− ### art_2
− 
− Article 2
− 
+ (1) ‘court’ means courts and other authorities in Member States as communicated to the Commission under Article 31(3), that exercise judicial functions, that act pursuant to a delegation of power by a judicial authority or that act under the control of a judicial authority, and which are competent u…
− | (1) | ‘court’ means courts and other authorities in Member States as communicated to the Commission under Article 31(3), that exercise judicial functions, that act pursuant to a delegation of power by a judicial authority or that act under the control of a judicial authority, and which are compete…
− | --- | --- |
+ (2) ‘decentralised IT system’ means a network of national IT systems and interoperable access points operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems.
− | (2) | ‘decentralised IT system’ means a network of national IT systems and interoperable access points operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between the national IT systems. |
− | --- | --- |
+ ### Article 3 — Direct transmission between courts
− ### art_3
+ **1.** Requests referred to in point (a) of Article 1(1) shall be transmitted by the court before which the proceedings are commenced or contemplated (‘requesting court’), directly to the competent court of another Member State (‘requested court’), for the taking of evidence.
− Article 3
+ **2.** Each Member State shall draw up a list of the courts competent to take evidence in accordance with this Regulation. The list shall also indicate the territorial and, where applicable, the special jurisdiction of those courts.
− 1. Requests referred to in point (a) of Article 1(1) shall be transmitted by the court before which the proceedings are commenced or contemplated (‘requesting court’), directly to the competent court of another Member State (‘requested court’), for the taking of evidence.
+ ### Article 4 — Central body
− 2. Each Member State shall draw up a list of the courts competent to take evidence in accordance with this Regulation. The list shall also indicate the territorial and, where applicable, the special jurisdiction of those courts.
+ **1.** Each Member State shall designate a central body that is responsible for:(a) supplying information to the courts;(b) seeking solutions to any difficulties which may arise in respect of a request;(c) forwarding, in exceptional cases, a request to the competent court at the request of a request…
− ### art_4
+ **2.** Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units shall be free to designate more than one central body.
− Article 4
+ **3.** Each Member State shall also designate the central body referred to in paragraph 1 of this Article or one or more competent authorities to be responsible for taking decisions on requests made pursuant to Article 19.
− 1. Each Member State shall designate a central body that is responsible for:
+ ## CHAPTER II — TRANSMISSION AND EXECUTION OF REQUESTS / SECTION 1 — Transmission of requests
− | (a) | supplying information to the courts; |
− | --- | --- |
+ ### Article 5 — Form and content of requests
− | (b) | seeking solutions to any difficulties which may arise in respect of a request; |
− | --- | --- |
+ **1.** Requests shall be made using form A or, where appropriate, form L in Annex I. Each request shall contain the following details:(a) the requesting and, where appropriate, the requested court;(b) the names and addresses of the parties to the proceedings and their representatives, if any;(c) the…
− | (c) | forwarding, in exceptional cases, a request to the competent court at the request of a requesting court. |
− | --- | --- |
+ **2.** The request and all accompanying documents shall be exempt from the need for authentication or any equivalent formality.
− 2. Federal Member States, Member States in which several legal systems apply and Member States with autonomous territorial units shall be free to designate more than one central body.
+ **3.** Documents which the requesting court considers necessary to enclose for the execution of the request shall be accompanied by a translation of the documents in the language in which the request was written.
− 3. Each Member State shall also designate the central body referred to in paragraph 1 of this Article or one or more competent authorities to be responsible for taking decisions on requests made pursuant to Article 19.
+ ### Article 6 — Language
− ### art_5
− 
− Article 5
− 1. Requests shall be made using form A or, where appropriate, form L in Annex I. Each request shall contain the following details:
− 
− | (a) | the requesting and, where appropriate, the requested court; |
− | --- | --- |
− 
− | (b) | the names and addresses of the parties to the proceedings and their representatives, if any; |
− | --- | --- |
− 
− | (c) | the nature and subject matter of the case and a brief statement of the facts; |
− | --- | --- |
− 
− | (d) | a description of the taking of evidence requested; |
− | --- | --- |
− 
− | (e) | where the request is for the examination of a person:—the name and address of the person to be examined,—the questions to be put to the person to be examined or a statement of the facts about which that person is to be examined,—where appropriate, a reference to the right to refuse to testif…
− | --- | --- |
− | — | the name and address of the person to be examined, |
− | — | the questions to be put to the person to be examined or a statement of the facts about which that person is to be examined, |
− | — | where appropriate, a reference to the right to refuse to testify under the law of the Member State of the requesting court, |
− | — | any requirement that the examination be carried out under oath or affirmation instead of an oath, and any special form to be used for such oath or affirmation, |
− | — | where appropriate, any other information that the requesting court deems necessary; |
− 
− | (f) | where the request is for any form of taking of evidence other than that mentioned in point (e), the documents or other objects to be inspected; |
− | --- | --- |
− 
− | (g) | where appropriate, any request pursuant to Article 12(3) or (4), or Article 13 or 14 and any information necessary for the execution thereof. |
− | --- | --- |
− 
− 2. The request and all accompanying documents shall be exempt from the need for authentication or any equivalent formality.
− 
− 3. Documents which the requesting court considers necessary to enclose for the execution of the request shall be accompanied by a translation of the documents in the language in which the request was written.
− 
− ### art_6
− 
− Article 6
− 
+ ### Article 7 — Transmission of requests and other communications
− ### art_7
+ **1.** Requests and communications made pursuant to this Regulation shall be transmitted through a secure and reliable decentralised IT system with due respect for fundamental rights and freedoms. That decentralised IT system shall be based on an interoperable solution such as e-CODEX.
− Article 7
+ **2.** The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the requests and communications transmitted through the decentralised IT system.
− 1. Requests and communications made pursuant to this Regulation shall be transmitted through a secure and reliable decentralised IT system with due respect for fundamental rights and freedoms. That decentralised IT system shall be based on an interoperable solution such as e-CODEX.
+ **3.** Where requests and communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.
− 2. The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the requests and communications transmitted through the decentralised IT system.
+ **4.** Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or to the nature of the evidence concerned, or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, ta…
− 3. Where requests and communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.
+ ### Article 8 — Legal effects of electronic documents
− 4. Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or to the nature of the evidence concerned, or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking…
− ### art_8
− 
− Article 8
− 
+ ## CHAPTER II — TRANSMISSION AND EXECUTION OF REQUESTS / SECTION 2 — Receipt of requests
− ### art_9
+ ### Article 9 — Receipt of requests
− Article 9
+ **1.** Within 7 days of the receipt of a request, the requested competent court shall send an acknowledgement of receipt to the requesting court using form B in Annex I. Where the request does not comply with the conditions laid down in Articles 6 and 7, the requested court shall enter a note to tha…
− 1. Within 7 days of the receipt of a request, the requested competent court shall send an acknowledgement of receipt to the requesting court using form B in Annex I. Where the request does not comply with the conditions laid down in Articles 6 and 7, the requested court shall enter a note to that ef…
+ **2.** Where the requested court does not have jurisdiction to execute a request, made using form A in Annex I, which complies with the conditions laid down in Article 6, that court shall forward the request to the competent court of its Member State and shall inform the requesting court thereof usi…
− 2. Where the requested court does not have jurisdiction to execute a request, made using form A in Annex I, which complies with the conditions laid down in Article 6, that court shall forward the request to the competent court of its Member State and shall inform the requesting court thereof using f…
+ ### Article 10 — Incomplete requests
− ### art_10
+ **1.** If a request cannot be executed because it does not contain all of the necessary information referred to in Article 5, the requested court shall inform the requesting court thereof without delay and, at the latest, within 30 days of receipt of the request using form D in Annex I, and shall re…
− Article 10
+ **2.** If a request cannot be executed because a deposit or advance has been requested in accordance with Article 22(3), the requested court shall inform the requesting court thereof without delay, at the latest within 30 days of receipt of the request using form D in Annex I, and shall inform the r…
− 1. If a request cannot be executed because it does not contain all of the necessary information referred to in Article 5, the requested court shall inform the requesting court thereof without delay and, at the latest, within 30 days of receipt of the request using form D in Annex I, and shall reques…
+ ### Article 11 — Completion of the request
− 2. If a request cannot be executed because a deposit or advance has been requested in accordance with Article 22(3), the requested court shall inform the requesting court thereof without delay, at the latest within 30 days of receipt of the request using form D in Annex I, and shall inform the reque…
+ **1.** If the requested court has noted on the acknowledgement of receipt pursuant to Article 9(1) that the request does not comply with the conditions laid down in Articles 6 and 7 or has informed the requesting court pursuant to Article 10 that the request cannot be executed because it does not co…
− ### art_11
+ **2.** Where the requested court has asked for a deposit or advance in accordance with Article 22(3), the time limit laid down in Article 12 shall begin to run when the deposit or the advance is made.
− Article 11
+ ## CHAPTER II — TRANSMISSION AND EXECUTION OF REQUESTS / SECTION 3 — Taking of evidence by the requested court
− 1. If the requested court has noted on the acknowledgement of receipt pursuant to Article 9(1) that the request does not comply with the conditions laid down in Articles 6 and 7 or has informed the requesting court pursuant to Article 10 that the request cannot be executed because it does not contai…
+ ### Article 12 — General provisions on the execution of a request
− 2. Where the requested court has asked for a deposit or advance in accordance with Article 22(3), the time limit laid down in Article 12 shall begin to run when the deposit or the advance is made.
+ **1.** The requested court shall execute the request without delay and, at the latest, within 90 days of receipt of the request.
− ### art_12
+ **2.** The requested court shall execute the request in accordance with its national law.
− Article 12
+ **3.** The requesting court may call for the request to be executed in accordance with a special procedure provided for in its national law, using form A in Annex I. The requested court shall execute the request in accordance with the special procedure unless doing so would be incompatible with its …
− 1. The requested court shall execute the request without delay and, at the latest, within 90 days of receipt of the request.
+ **4.** The requesting court may ask the requested court to use specific communications technology in the taking of evidence, in particular by using videoconferencing or teleconferencing.
− 2. The requested court shall execute the request in accordance with its national law.
− 3. The requesting court may call for the request to be executed in accordance with a special procedure provided for in its national law, using form A in Annex I. The requested court shall execute the request in accordance with the special procedure unless doing so would be incompatible with its nati…
− 
− 4. The requesting court may ask the requested court to use specific communications technology in the taking of evidence, in particular by using videoconferencing or teleconferencing.
− 
+ ### Article 13 — Taking of evidence with the presence and participation of the parties
− ### art_13
+ **1.** If the law of the Member State of the requesting court so provides, the parties and their representatives, if any, shall have the right to be present at the taking of evidence by the requested court.
− Article 13
+ **2.** In its request, the requesting court shall inform the requested court, using form A in Annex I, that the parties and their representatives, if any, will be present and, where appropriate, that their participation in the taking of evidence is requested. This information may also be given at an…
− 1. If the law of the Member State of the requesting court so provides, the parties and their representatives, if any, shall have the right to be present at the taking of evidence by the requested court.
+ **3.** If the participation of the parties and their representatives, if any, is requested in the taking of evidence, the requested court shall determine the conditions under which they may participate, in accordance with Article 12.
− 2. In its request, the requesting court shall inform the requested court, using form A in Annex I, that the parties and their representatives, if any, will be present and, where appropriate, that their participation in the taking of evidence is requested. This information may also be given at any ot…
+ **4.** The requested court shall notify the parties and their representatives, if any, of the time and the place where the taking of evidence will take place and, where appropriate, of the conditions under which they may participate in the taking of evidence, using form I in Annex I.
− 3. If the participation of the parties and their representatives, if any, is requested in the taking of evidence, the requested court shall determine the conditions under which they may participate, in accordance with Article 12.
+ **5.** Paragraphs 1 to 4 are without prejudice to the ability of the requested court to request the parties and their representatives, if any, to be present at or to participate in the taking of evidence if provided for by the law of its Member State.
− 4. The requested court shall notify the parties and their representatives, if any, of the time and the place where the taking of evidence will take place and, where appropriate, of the conditions under which they may participate in the taking of evidence, using form I in Annex I.
+ ### Article 14 — Taking of evidence with the presence and participation of representatives of the requesting court
− 5. Paragraphs 1 to 4 are without prejudice to the ability of the requested court to request the parties and their representatives, if any, to be present at or to participate in the taking of evidence if provided for by the law of its Member State.
+ **1.** Where compatible with the law of the Member State of the requesting court, representatives of the requesting court shall have the right to be present in the taking of evidence by the requested court.
− ### art_14
+ **2.** For the purposes of this Article, the term ‘representative’ includes judicial personnel designated by the requesting court in accordance with its national law. The requesting court may also designate any other person, such as an expert, in accordance with its national law.
− Article 14
+ **3.** In its request, the requesting court shall inform the requested court, using form A in Annex I, that its representatives will be present and, where appropriate, that their participation in the taking of evidence is requested. This information may also be given at any other appropriate time.
− 1. Where compatible with the law of the Member State of the requesting court, representatives of the requesting court shall have the right to be present in the taking of evidence by the requested court.
+ **4.** If the participation of the representatives of the requesting court is requested in the taking of evidence, the requested court shall determine, in accordance with Article 12, the conditions under which they may participate.
− 2. For the purposes of this Article, the term ‘representative’ includes judicial personnel designated by the requesting court in accordance with its national law. The requesting court may also designate any other person, such as an expert, in accordance with its national law.
+ **5.** The requested court shall notify the requesting court of the time and the place where the taking of evidence will take place and, where appropriate, of the conditions under which its representatives may participate in the taking of evidence, using form I in Annex I.
− 3. In its request, the requesting court shall inform the requested court, using form A in Annex I, that its representatives will be present and, where appropriate, that their participation in the taking of evidence is requested. This information may also be given at any other appropriate time.
+ ### Article 15 — Coercive measures
− 4. If the participation of the representatives of the requesting court is requested in the taking of evidence, the requested court shall determine, in accordance with Article 12, the conditions under which they may participate.
− 
− 5. The requested court shall notify the requesting court of the time and the place where the taking of evidence will take place and, where appropriate, of the conditions under which its representatives may participate in the taking of evidence, using form I in Annex I.
− 
− ### art_15
− Article 15
− 
+ ### Article 16 — Refusals to execute requests
− ### art_16
+ **1.** A request for the examination of a person shall not be executed where the person concerned invokes the right to refuse to give evidence or is prohibited from giving evidence:(a) under the law of the Member State of the requested court; or(b) under the law of the Member State of the requesting…
− Article 16
+ **2.** The execution of a request may only be refused on grounds other than those referred to in paragraph 1, where one or more of the following grounds applies:(a) the request does not fall within the scope of this Regulation;(b) the execution of the request does not fall within the functions of th…
− 1. A request for the examination of a person shall not be executed where the person concerned invokes the right to refuse to give evidence or is prohibited from giving evidence:
+ **3.** A requested court shall not refuse to execute a request solely on the ground that under its national law another court of that Member State has exclusive jurisdiction over the subject matter of the case or that the law of that Member State would not admit the right of action on the subject ma…
− | (a) | under the law of the Member State of the requested court; or |
− | --- | --- |
+ **4.** If the execution of a request is refused on one of the grounds referred to in paragraph 2, the requested court shall notify the requesting court thereof within 60 days of receipt of the request by the requested court using form K in Annex I.
− | (b) | under the law of the Member State of the requesting court, and such right or prohibition has been specified in the request, or, if necessary, at the instance of the requested court, has been confirmed by the requesting court. |
− | --- | --- |
+ ### Article 17 — Notification of delay
− 2. The execution of a request may only be refused on grounds other than those referred to in paragraph 1, where one or more of the following grounds applies:
− 
− | (a) | the request does not fall within the scope of this Regulation; |
− | --- | --- |
− 
− | (b) | the execution of the request does not fall within the functions of the judiciary under the law of the Member State of the requested court; |
− | --- | --- |
− | (c) | the requesting court does not comply with the request of the requested court to complete the request for the taking of evidence pursuant to Article 10 within 30 days of the requested court asking it to do so; or |
− | --- | --- |
− 
− | (d) | a deposit or advance asked for in accordance with Article 22(3) is not made within 60 days of the requested court asking for such a deposit or advance. |
− | --- | --- |
− 
− 3. A requested court shall not refuse to execute a request solely on the ground that under its national law another court of that Member State has exclusive jurisdiction over the subject matter of the case or that the law of that Member State would not admit the right of action on the subject matter…
− 
− 4. If the execution of a request is refused on one of the grounds referred to in paragraph 2, the requested court shall notify the requesting court thereof within 60 days of receipt of the request by the requested court using form K in Annex I.
− 
− ### art_17
− 
− Article 17
− 
+ ### Article 18 — Procedure after the execution of the request
− ### art_18
− 
− Article 18
+ ## CHAPTER II — TRANSMISSION AND EXECUTION OF REQUESTS / SECTION 4 — Direct taking of evidence by the requesting court and taking of evidence by diplomatic agents or consular officers
− ### art_19
+ ### Article 19 — Direct taking of evidence by the requesting court
− Article 19
+ **1.** Where a court requests the taking of evidence directly in another Member State, it shall submit a request to the central body or to the competent authority of that Member State, using form L in Annex I.
− 1. Where a court requests the taking of evidence directly in another Member State, it shall submit a request to the central body or to the competent authority of that Member State, using form L in Annex I.
+ **2.** The direct taking of evidence may only take place if it can be carried out on a voluntary basis without the use of coercive measures.
− 2. The direct taking of evidence may only take place if it can be carried out on a voluntary basis without the use of coercive measures.
+ **3.** The direct taking of evidence shall be carried out by a member of the judicial personnel or by any other person, such as an expert, who is designated in accordance with the law of the Member State of the requesting court.
− 3. The direct taking of evidence shall be carried out by a member of the judicial personnel or by any other person, such as an expert, who is designated in accordance with the law of the Member State of the requesting court.
+ **4.** Within 30 days of receiving the request for the direct taking of evidence, the central body or the competent authority of the requested Member State shall inform the requesting court as to whether the request has been accepted and, if necessary, shall inform the requesting court of the condit…
− 4. Within 30 days of receiving the request for the direct taking of evidence, the central body or the competent authority of the requested Member State shall inform the requesting court as to whether the request has been accepted and, if necessary, shall inform the requesting court of the conditions…
+ **5.** Where the requesting court has not received information within 30 days of acknowledgement of receipt of the request for the direct taking of evidence as to whether the request has been accepted, it may send a reminder to the central body or competent authority of the requested Member State. I…
− 5. Where the requesting court has not received information within 30 days of acknowledgement of receipt of the request for the direct taking of evidence as to whether the request has been accepted, it may send a reminder to the central body or competent authority of the requested Member State. If th…
+ **6.** The central body or the competent authority of the requested Member State may assign a court of its Member State to provide practical assistance in the direct taking of evidence.
− 6. The central body or the competent authority of the requested Member State may assign a court of its Member State to provide practical assistance in the direct taking of evidence.
+ **7.** The central body or the competent authority of the requested Member State may refuse a request for direct taking of evidence only if:(a) it does not fall within the scope of this Regulation;(b) it does not contain all of the necessary information referred to in Article 5; or(c) the direct tak…
− 7. The central body or the competent authority of the requested Member State may refuse a request for direct taking of evidence only if:
+ **8.** Without prejudice to any conditions laid down in accordance with paragraph 4, the requesting court shall conduct the direct taking of evidence in accordance with the law of its Member State.
− | (a) | it does not fall within the scope of this Regulation; |
− | --- | --- |
+ ### Article 20 — Direct taking of evidence by videoconferencing or other distance communications technology
− | (b) | it does not contain all of the necessary information referred to in Article 5; or |
− | --- | --- |
+ **1.** Where evidence is to be taken by examining a person who is present in another Member State, and the court requests the taking of evidence directly in accordance with Article 19, that court shall take evidence using videoconferencing or other distance communications technology provided that su…
− | (c) | the direct taking of evidence requested is contrary to fundamental principles of law in its Member State. |
− | --- | --- |
+ **2.** A request for the direct taking of evidence using videoconferencing or other distance communications technology shall be made using form N in Annex I. The requesting court and the central body or the competent authority of the requested Member State or the court assigned to provide practical …
− 8. Without prejudice to any conditions laid down in accordance with paragraph 4, the requesting court shall conduct the direct taking of evidence in accordance with the law of its Member State.
− 
− ### art_20
− Article 20
− 
− 1. Where evidence is to be taken by examining a person who is present in another Member State, and the court requests the taking of evidence directly in accordance with Article 19, that court shall take evidence using videoconferencing or other distance communications technology provided that such t…
− 
− 2. A request for the direct taking of evidence using videoconferencing or other distance communications technology shall be made using form N in Annex I. The requesting court and the central body or the competent authority of the requested Member State or the court assigned to provide practical assi…
− 
+ ### Article 21 — Taking of evidence by diplomatic agents or consular officers
− ### art_21
− Article 21
− 
+ ## CHAPTER II — TRANSMISSION AND EXECUTION OF REQUESTS / SECTION 5 — Costs
− ### art_22
+ ### Article 22 — Costs
− Article 22
+ **1.** The execution of a request for the taking of evidence in accordance with Article 12 shall not give rise to any claim for the reimbursement of taxes or costs.
− 1. The execution of a request for the taking of evidence in accordance with Article 12 shall not give rise to any claim for the reimbursement of taxes or costs.
+ **2.** By way of derogation from paragraph 1, the requested court may require the reimbursement of taxes or costs. If the requested court so requires, the requesting court shall ensure that the following are reimbursed without delay:— the fees paid to experts and interpreters, and— the costs occasio…
− 2. By way of derogation from paragraph 1, the requested court may require the reimbursement of taxes or costs. If the requested court so requires, the requesting court shall ensure that the following are reimbursed without delay:
− 
− | — | the fees paid to experts and interpreters, and |
− | --- | --- |
− | — | the costs occasioned by the application of Article 12(3) and (4). |
− | --- | --- |
− 
+ **3.** Where the opinion of an expert is required, before executing the request for the taking of evidence, the requested court may ask the requesting court for an adequate deposit or advance towards the anticipated costs of the expert opinion. In all other cases, a deposit or advance shall not be a…
− 3. Where the opinion of an expert is required, before executing the request for the taking of evidence, the requested court may ask the requesting court for an adequate deposit or advance towards the anticipated costs of the expert opinion. In all other cases, a deposit or advance shall not be a con…
+ ## CHAPTER III — FINAL PROVISIONS
− ### art_23
+ ### Article 23 — Manual and amendment of Annex I
− Article 23
+ **1.** The Commission shall draw up and regularly update a manual containing the information provided by the Member States in accordance with Article 31 and the agreements or arrangements in force, in accordance with Article 29(3). It shall make the manual available electronically, in particular thr…
− 1. The Commission shall draw up and regularly update a manual containing the information provided by the Member States in accordance with Article 31 and the agreements or arrangements in force, in accordance with Article 29(3). It shall make the manual available electronically, in particular through…
+ **2.** The Commission is empowered to adopt delegated acts in accordance with Article 24 to amend Annex I in order to update the forms set out therein or to make technical changes to those forms.
− 2. The Commission is empowered to adopt delegated acts in accordance with Article 24 to amend Annex I in order to update the forms set out therein or to make technical changes to those forms.
+ ### Article 24 — Exercise of delegation
− ### art_24
+ **1.** The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
− Article 24
+ **2.** The power to adopt delegated acts referred to in Article 23(2) shall be conferred on the Commission for a period of 5 years from 22 December 2020. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The deleg…
− 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
+ **3.** The delegation of power referred to in Article 23(2) 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…
− 2. The power to adopt delegated acts referred to in Article 23(2) shall be conferred on the Commission for a period of 5 years from 22 December 2020. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegatio…
+ **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 of 13 April 2016 on Better Law-Making.
− 3. The delegation of power referred to in Article 23(2) 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 …
+ **5.** As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
− 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 of 13 April 2016 on Better Law-Making.
+ **6.** A delegated act adopted pursuant to Article 23(2) 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…
− 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
+ ### Article 25 — Adoption of implementing acts by the Commission
− 6. A delegated act adopted pursuant to Article 23(2) 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 per…
+ **1.** The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:(a) the technical specification defining the methods of communication by electronic means for the purposes of the decentralised IT system;(b) the technical specifications for commu…
− ### art_25
+ **2.** The implementing acts referred to in paragraph 1 of this Article shall be adopted by 23 March 2022 in accordance with the examination procedure referred to in Article 26(2).
− Article 25
+ ### Article 26 — Committee procedure
− 1. The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:
+ **1.** The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
− | (a) | the technical specification defining the methods of communication by electronic means for the purposes of the decentralised IT system; |
− | --- | --- |
+ **2.** Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
− | (b) | the technical specifications for communication protocols; |
− | --- | --- |
+ ### Article 27 — Reference implementation software
− | (c) | the information security objectives and relevant technical measures ensuring minimum information security standards for the processing and communication of information within the decentralised IT system; |
− | --- | --- |
+ **1.** The Commission shall be responsible for the creation, maintenance and future 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 future development of the reference imp…
− | (d) | the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system; |
− | --- | --- |
+ **2.** The Commission shall provide, maintain and support on a free-of-charge basis implementation of the software components underlying the access points.
− | (e) | the establishment of a steering committee comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of this Regulation. |
− | --- | --- |
+ ### Article 28 — Costs of the decentralised IT system
− 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted by 23 March 2022 in accordance with the examination procedure referred to in Article 26(2).
+ **1.** Each Member State shall bear the costs of the installation, operation and maintenance of its access points interconnecting the national IT systems in the context of the decentralised IT system.
− ### art_26
+ **2.** Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.
− Article 26
+ **3.** Paragraphs 1 and 2 shall be without prejudice to the possibility of Member States to apply for grants to support the activities referred to in those paragraphs under the Union’s financial programmes.
− 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
+ ### Article 29 — Relationship with agreements or arrangements between Member States
− 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
+ **1.** This Regulation shall prevail in relation to matters to which it applies over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States, and in particular the Hague Convention of 1 March 1954 on Civil Procedure and the Hague Convention o…
− ### art_27
+ **2.** This Regulation shall not preclude Member States from maintaining or concluding agreements or arrangements to further facilitate the taking of evidence, provided that those agreements or arrangements are compatible with this Regulation.
− Article 27
+ **3.** Member States shall send to the Commission:(a) a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and(b) any denunciation of, or amendments to, those agre…
− 1. The Commission shall be responsible for the creation, maintenance and future 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 future development of the reference impleme…
+ ### Article 30 — Protection of information transmitted
− 2. The Commission shall provide, maintain and support on a free-of-charge basis implementation of the software components underlying the access points.
+ **1.** Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679.
− ### art_28
− 
− Article 28
− 
− 1. Each Member State shall bear the costs of the installation, operation and maintenance of its access points interconnecting the national IT systems in the context of the decentralised IT system.
− 
− 2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.
− 
− 3. Paragraphs 1 and 2 shall be without prejudice to the possibility of Member States to apply for grants to support the activities referred to in those paragraphs under the Union’s financial programmes.
− 
− ### art_29
− 
− Article 29
− 
− 1. This Regulation shall prevail in relation to matters to which it applies over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States, and in particular the Hague Convention of 1 March 1954 on Civil Procedure and the Hague Convention of 18…
− 
− 2. This Regulation shall not preclude Member States from maintaining or concluding agreements or arrangements to further facilitate the taking of evidence, provided that those agreements or arrangements are compatible with this Regulation.
− 
− 3. Member States shall send to the Commission:
− 
− | (a) | a copy of any agreements or arrangements referred to in paragraph 2 concluded between the Member States, as well as drafts of any such agreements or arrangements which they intend to adopt; and |
− | --- | --- |
− 
− | (b) | any denunciation of, or amendments to, those agreements or arrangements. |
− | --- | --- |
− 
− ### art_30
− 
− Article 30
− 1. Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679.
− 
+ **2.** The competent authority or authorities under national law shall be regarded as controllers within the meaning of Regulation (EU) 2016/679 with respect to personal data processing under this Regulation.
− 2. The competent authority or authorities under national law shall be regarded as controllers within the meaning of Regulation (EU) 2016/679 with respect to personal data processing under this Regulation.
+ **3.** Notwithstanding paragraphs 1 and 2, information transmitted under this Regulation shall be used by the requested court only for the purpose for which it was transmitted.
− 3. Notwithstanding paragraphs 1 and 2, information transmitted under this Regulation shall be used by the requested court only for the purpose for which it was transmitted.
+ **4.** Requested courts shall ensure that such information remains confidential, in accordance with their national law.
− 4. Requested courts shall ensure that such information remains confidential, in accordance with their national law.
+ **5.** Paragraphs 3 and 4 shall be without prejudice to national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.
− 5. Paragraphs 3 and 4 shall be without prejudice to national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.
+ **6.** This Regulation shall be without prejudice to Directive 2002/58/EC.
− 6. This Regulation shall be without prejudice to Directive 2002/58/EC.
+ ### Article 31 — Communication
− ### art_31
+ **1.** Member States shall communicate to the Commission the following:(a) the list drawn up pursuant to Article 3(2) indicating the territorial and, where applicable, the special jurisdiction of the courts;(b) the names and addresses of the central bodies and competent authorities designated pursua…
− Article 31
+ **2.** Member States shall inform the Commission of any subsequent changes to the information referred to in paragraph 1.
− 1. Member States shall communicate to the Commission the following:
+ **3.** Each Member State shall communicate to the Commission details of the other authorities that are competent to take evidence for the purposes of judicial proceedings in civil or commercial matters. Member States shall inform the Commission of any subsequent changes to those details.
− | (a) | the list drawn up pursuant to Article 3(2) indicating the territorial and, where applicable, the special jurisdiction of the courts; |
− | --- | --- |
+ **4.** Member States may notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.
− | (b) | the names and addresses of the central bodies and competent authorities designated pursuant to Article 4(3), indicating their territorial jurisdiction; |
− | --- | --- |
+ ### Article 32 — Monitoring
− | (c) | the technical means for the receipt of requests available to the courts on the list drawn up pursuant to Article 3(2); |
− | --- | --- |
+ **1.** By 2 July 2023, the Commission shall establish a detailed programme for monitoring the outputs, results and impact of this Regulation.
− | (d) | the languages accepted for requests, as referred to in Article 6. |
− | --- | --- |
+ **2.** The monitoring programme shall specify the action to be taken by the Commission and by the Member States to monitor the outputs, results and impact of this Regulation. It shall set out when the data referred to in paragraph 3 are to be collected for the first time, which shall be at the lates…
− 2. Member States shall inform the Commission of any subsequent changes to the information referred to in paragraph 1.
+ **3.** Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available:(a) the number of requests for the taking of evidence transmitted in accordance with Article 7(1) and Article 19(1) respectively;(b) the number of requests for the taki…
− 3. Each Member State shall communicate to the Commission details of the other authorities that are competent to take evidence for the purposes of judicial proceedings in civil or commercial matters. Member States shall inform the Commission of any subsequent changes to those details.
+ **4.** The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in points (a) and (b) of paragraph 3 and transmit them to the Commission on a regular basis.
− 4. Member States may notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.
+ ### Article 33 — Evaluation
− ### art_32
+ **1.** No later than 5 years after the date of application of Article 7 in accordance with Article 35(3), the Commission shall carry out an evaluation of this Regulation and present a report on its main findings to the European Parliament, the Council and the European Economic and Social Committee, …
− Article 32
+ **2.** Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.
− 1. By 2 July 2023, the Commission shall establish a detailed programme for monitoring the outputs, results and impact of this Regulation.
+ ### Article 34 — Repeal
− 2. The monitoring programme shall specify the action to be taken by the Commission and by the Member States to monitor the outputs, results and impact of this Regulation. It shall set out when the data referred to in paragraph 3 are to be collected for the first time, which shall be at the latest 2 …
+ **1.** Regulation (EC) No 1206/2001 shall be repealed as from the date of application of this Regulation, with the exception of Article 6 of Regulation (EC) No 1206/2001 which shall be repealed as from the date of application of Article 7 referred to in Article 35(3) of this Regulation.
− 3. Member States shall provide the Commission with the following data necessary for the purposes of monitoring, where available:
+ **2.** References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
− | (a) | the number of requests for the taking of evidence transmitted in accordance with Article 7(1) and Article 19(1) respectively; |
− | --- | --- |
+ ### Article 35 — Entry into force and application
− | (b) | the number of requests for the taking of evidence executed in accordance with Article 12 and Article 19(8) respectively; |
− | --- | --- |
+ **1.** This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
− | (c) | the number of cases in which the request for the taking of evidence was transmitted by means other than through the decentralised IT system in accordance with Article 7(4). |
− | --- | --- |
− 
− 4. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in points (a) and (b) of paragraph 3 and transmit them to the Commission on a regular basis.
− ### art_33
− 
− Article 33
− 
− 1. No later than 5 years after the date of application of Article 7 in accordance with Article 35(3), the Commission shall carry out an evaluation of this Regulation and present a report on its main findings to the European Parliament, the Council and the European Economic and Social Committee, acco…
− 
− 2. Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.
− 
− ### art_34
− 
− Article 34
− 
− 1. Regulation (EC) No 1206/2001 shall be repealed as from the date of application of this Regulation, with the exception of Article 6 of Regulation (EC) No 1206/2001 which shall be repealed as from the date of application of Article 7 referred to in Article 35(3) of this Regulation.
− 
− 2. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
− 
− ### art_35
− 
− Article 35
− 
− 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
− 
+ **2.** Article 31(3) shall apply from 23 March 2022.
− 2. Article 31(3) shall apply from 23 March 2022.
+ **3.** Article 7 shall apply from the first day of the month following the period of 3 years after the date of entry into force of the implementing acts referred to in Article 25.
− 3. Article 7 shall apply from the first day of the month following the period of 3 years after the date of entry into force of the implementing acts referred to in Article 25.