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Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings

article  8

CELEX:  32023R1543

Notification to the enforcing authority
1. Where a European Production Order is issued to obtain traffic data, except for data requested for the sole purpose of identifying the user as defined in Article 3, point (10), or to obtain content data, the issuing authority shall notify the enforcing authority by transmitting the EPOC to that authority at the same time as it transmits the EPOC to the addressee in accordance with Article 9(1) and (2).
2. Paragraph 1 shall not apply if, at the time of issuing the order, the issuing authority has reasonable grounds to believe that:
(a) the offence has been committed, is being committed or is likely to be committed in the issuing State; and (b) the person whose data are requested resides in the issuing State.
3. When transmitting the EPOC as referred to in paragraph 1 of this Article to the enforcing authority, the issuing authority shall, where appropriate, include any additional information that could be needed for the evaluation of the possibility of raising a ground for refusal in accordance with Article 12.
Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings

article  8

CELEX:  32023R1543

4. The notification to the enforcing authority referred to in paragraph 1 of this Article shall have a suspensive effect on the obligations of the addressee as set out in Article 10(2), except in emergency cases as defined in Article 3, point (18).