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Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA

article  6

CELEX:  32023L0977

1. Member States shall ensure that their Single Point of Contact only refuses to provide the information requested in accordance with Article 4 in so far as any of the following reasons applies:
(a) the requested information is not available to the Single Point of Contact and the competent law enforcement authorities of the requested Member State;
(b) the request for information does not meet the requirements set out in Article 4;
(c) the judicial authorisation required under the national law of the requested Member State in accordance with Article 9 was refused;
(d) the requested information constitutes personal data other than those falling within the categories of personal data referred to in Article 10, point (b);
(e) the requested information has been found to be inaccurate, incomplete or no longer up to date and cannot be provided in accordance with Article 7(2) of Directive (EU) 2016/680;
(f) there are objective reasons to believe that the provision of the requested information would:
(i) be contrary to or would harm the essential interests of the national security of the requested Member State;
(ii) jeopardise the success of an ongoing investigation of a criminal offence or the safety of an individual;
(iii) unduly harm the protected important interests of a legal person;
(g) the request pertains to:
(i) a criminal offence punishable by a maximum term of imprisonment of one year or less under the law of the requested Member State; or (ii) a matter that is not a criminal offence under the law of the requested Member State;
(h) the requested information was initially obtained from another Member State or a third country and that Member State or third country has not consented to the provision of the information. Member States shall exercise due diligence in assessing whether the request for information submitted to their Single Point of Contact is in accordance with the requirements set out in Article 4, in particular as to whether there is a manifest breach of fundamental rights. Any refusal of a request for information shall affect only the part of the requested information to which the reasons set out in the first subparagraph relate and shall, where applicable, not affect the obligation to provide the other parts of the information in accordance with this Directive.
Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA

article  6

CELEX:  32023L0977

2. Member States shall ensure that their Single Point of Contact informs the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State of the refusal of the request for information, specifying the reasons therefor, within the time limits set out in Article 5(1).
3. Where relevant, Member States shall ensure that their Single Point of Contact immediately requests, from the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State, clarification or specifications needed to process a request for information that otherwise would have to be refused. The time limits set out in Article 5(1) shall be suspended from the moment that the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State receives the request for clarification or specifications until the moment the requested clarification or specifications are provided.
Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA

article  6

CELEX:  32023L0977

4. Refusals of requests for information, reasons for such refusals and requests for clarification or specifications and clarification or specifications as referred to in paragraph 3 of this Article, as well as any other communications relating to the requests for information submitted to the Single Point of Contact of another Member State, shall be transmitted in the language in which that request was submitted in accordance with Article 4(6).