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1. Before a request for the transfer of criminal proceedings is issued, the requesting authority shall, in accordance with applicable national law, give due consideration to the legitimate interests of the suspect or accused person, including aspects related to restorative justice.

2. The rights set out in paragraphs 3, 4 and 6 of this Article and in Articles 15 and 17 shall apply to suspects or accused persons in criminal proceedings from the time they are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence, and irrespective of whether they are deprived of liberty.

3. The requesting authority shall, prior to issuing a request for the transfer of criminal proceedings:

(a) inform the suspect or accused person, in accordance with applicable national law and in a language which the suspect or accused person understands, of its intention to issue a request for the transfer of criminal proceedings; and (b) provide the suspect or accused person with an opportunity to state an opinion on such transfer, including on aspects related to restorative justice. The requesting authority shall not be required to fulfil the obligations laid down in the first subparagraph of this paragraph where:

(a) the fulfilment of those obligations would undermine the confidentiality of an investigation or otherwise prejudice the investigation;

(b) the suspect or accused person cannot be located or reached despite reasonable efforts being made by the requesting authority; or (c) the request for the transfer of criminal proceedings follows a proposal from the suspect or accused person under Article 5(3).

4. Where the suspect or accused person decides to state an opinion as referred to in paragraph 3, first subparagraph, point (b), the suspect or accused person shall deliver that opinion no later than ten days after having been informed of the intention to issue a request for transfer and provided with the opportunity to state an opinion under paragraph 3. That opinion shall be recorded and shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings. Such recording shall be carried out in accordance with the recording procedure under the national law of the requesting State.

5. In cases where the suspect or accused person is present in the requested State, the requesting authority may, for the purposes of paragraph 3, transmit the completed version of the form set out in Annex II to the requested authority. In such cases, the obligations under paragraphs 3 and 4 shall apply mutatis mutandis to the requested authority, who shall inform the requesting authority accordingly. If that suspect or accused person states an opinion, the requested authority shall transmit it to the requesting authority.

6. Where the requesting authority issues a request for the transfer of criminal proceedings and the suspect or accused person has been informed in accordance with paragraph 3, it shall inform the suspect or accused person, without undue delay in a language which the suspect or accused person understands, that the request has been issued.

7. In cases where the suspect or accused person is present in the requested State, the requesting authority may, for the purposes of paragraph 6, transmit the completed version of the form set out in Annex III to the requested authority. In such cases, the obligations under paragraph 6 shall apply mutatis mutandis to the requested authority, which shall inform the requesting authority accordingly.