Explore European Union Legislation by Asking a Legal Question
assisted-checkbox
filter-instruction-1
positive-filters
negative-filters
act-filter tabs-all
parameters-title
query
assisted-checkbox: ✅
result-title
total 7
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 10 CELEX: 32023R1543 Execution of an EPOC
1. Upon receipt of an EPOC, the addressee shall act expeditiously to preserve the data requested. 2. Where a notification to the enforcing authority is required pursuant to Article 8 and that authority has not raised any ground for refusal in accordance with Article 12 within 10 days following receipt of the EPOC, the addressee shall ensure that the requested data are transmitted directly to the issuing authority or the law enforcement authorities, as indicated in the EPOC, at the end of that 10-day period. Where the enforcing authority already before the end of that 10-day period confirms to the issuing authority and the addressee that it will not raise any ground for refusal, the addressee shall act as soon as possible upon such confirmation and at the latest at the end of that 10-day period. 3. Where a notification to the enforcing authority is not required pursuant to Article 8, upon receipt of an EPOC, the addressee shall ensure that the requested data are transmitted directly to the issuing authority or the law enforcement authorities, as indicated in the EPOC, at the latest within 10 days following receipt of the EPOC. |
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 10 CELEX: 32023R1543 4. In emergency cases, the addressee shall transmit the requested data without undue delay, at the latest within eight hours following receipt of the EPOC. Where a notification to the enforcing authority is required pursuant to Article 8, the enforcing authority may, if it decides to raise a ground for refusal in accordance with Article 12(1), without delay and at the latest within 96 hours following receipt of the notification, notify the issuing authority and the addressee that it objects to the use of the data or that the data may only be used under conditions which it shall specify. Where a ground for refusal is raised by the enforcing authority, if the data have already been transmitted by the addressee to the issuing authority, the issuing authority shall delete or otherwise restrict the use of the data or, in the event that the enforcing authority has specified conditions, the issuing authority shall comply with those conditions when using the data. |
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 10 CELEX: 32023R1543 5. Where the addressee considers, based solely on the information contained in the EPOC, that the execution of the EPOC could interfere with immunities or privileges, or with rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, under the law of the enforcing State, the addressee shall inform the issuing authority and the enforcing authority using the form set out in Annex III. Where no notification to the enforcing authority took place pursuant to Article 8, the issuing authority shall take the information referred to in the first subparagraph of this paragraph into account, and shall decide, on its own initiative or at the request of the enforcing authority, whether to withdraw, adapt or maintain the European Production Order. Where a notification to the enforcing authority took place pursuant to Article 8, the issuing authority shall take the information referred to in the first subparagraph of this paragraph into account, and shall decide whether to withdraw, adapt or maintain the European Production Order. The enforcing authority may decide to raise the grounds for refusal set out in 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 10 CELEX: 32023R1543 6. Where the addressee cannot comply with its obligation to produce the requested data because the EPOC is incomplete, contains manifest errors or does not contain sufficient information to execute the EPOC, the addressee shall, without undue delay, inform the issuing authority and, where a notification to the enforcing authority took place pursuant to Article 8, the enforcing authority referred to in the EPOC, and seek clarification, using the form set out in Annex III. At the same time, the addressee shall inform the issuing authority of whether identification of the data requested and preservation of those data as set out in paragraph 9 of this Article was possible. The issuing authority shall react expeditiously and at the latest within five days following receipt of the form. The addressee shall ensure that it can receive the necessary clarification or any correction provided by the issuing authority, in order for the addressee to fulfil its obligations set out in paragraphs 1 to 4. The obligations set out in paragraphs 1 to 4 shall not apply until such clarification or correction is provided by the issuing authority or the enforcing authority. |
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 10 CELEX: 32023R1543 7. Where the addressee cannot comply with its obligation to produce the requested data because of a de facto impossibility due to circumstances not attributable to the addressee, the addressee shall, without undue delay, inform the issuing authority and, where a notification to the enforcing authority took place pursuant to Article 8, the enforcing authority referred to in the EPOC, explaining the reasons for such a de facto impossibility, using the form set out in Annex III. Where the issuing authority concludes that there is such a de facto impossibility, it shall inform the addressee, and, where a notification to the enforcing authority took place pursuant to Article 8, the enforcing authority, that the EPOC no longer needs to be executed. |
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 10 CELEX: 32023R1543 8. In all cases where the addressee does not provide the requested data, does not provide the requested data exhaustively or does not provide the requested data within the specified deadline, for reasons other than those referred to in paragraphs 5, 6 and 7 of this Article, the addressee shall, without undue delay and at the latest within the deadlines set out in paragraphs 2, 3 and 4 of this Article, inform the issuing authority and, where a notification to the enforcing authority took place pursuant to Article 8, the enforcing authority referred to in the EPOC, of those reasons using the form set out in Annex III. The issuing authority shall review the European Production Order in light of the information provided by the addressee and, if necessary, set a new deadline for the addressee to produce the data. |
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 10 CELEX: 32023R1543 9. The data shall be preserved, to the extent possible, until they are produced, irrespective of whether the production is ultimately requested on the basis of a clarified European Production Order and its EPOC or through other channels, such as mutual legal assistance, or until the European Production Order is withdrawn. Where the production of data and their preservation are no longer necessary, the issuing authority and, where applicable pursuant to Article 16(8), the enforcing authority shall inform the addressee without undue delay. |