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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  5

CELEX:  32023L0977

Provision of information pursuant to requests to Single Points of Contact
1. Member States shall ensure that their Single Point of Contact provides the information requested in accordance with Article 4 as soon as possible and in any event within the following time limits, as applicable:
(a) eight hours in the case of urgent requests relating to directly accessible information;
(b) three calendar days in the case of urgent requests relating to indirectly accessible information;
(c) seven calendar days in the case of all other requests. The time limits set out in the first subparagraph shall commence as soon as the request for information is received.
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  5

CELEX:  32023L0977

2. Where, under its national law in accordance with Article 9, a Member State can provide the requested information only after having obtained a judicial authorisation, that Member State may deviate from the time limits set out in paragraph 1 of this Article in so far as necessary for the purpose of obtaining such an authorisation. In such cases, Member States shall ensure that their Single Point of Contact does both of the following:
(a) immediately inform the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State of the expected delay, specifying the length of the expected delay and the reasons therefor;
(b) subsequently keep the Single Point of Contact, or where applicable, the designated law enforcement authority of the requesting Member State updated and provide the requested information as soon as possible after obtaining the judicial authorisation.
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  5

CELEX:  32023L0977

3. Member States shall ensure that their Single Point of Contact provides the information requested in accordance with Article 4 to the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State in the language in which that request for information was submitted in accordance with Article 4(6). Member States shall ensure that their Single Point of Contact sends a copy of the requested information to the Single Point of Contact of the requesting Member State at the same time as providing the requested information to the designated law enforcement authority of that Member State. Member States may permit their Single Point of Contact not to send, at the same time as providing information to the designated law enforcement authorities of another Member State in accordance with this Article, a copy of that information to the Single Point of Contact of that other Member State where it would jeopardise one or more of the following:
(a) an ongoing highly sensitive investigation for which the processing of information requires an appropriate level of confidentiality;
(b) terrorism cases not involving emergency or crisis management situations;
(c) the safety of an individual.