My bookmarksSign up free

Directive (EU) 2023/977 CHAPTER III — OTHER EXCHANGES OF INFORMATION

Article 7–Article 8 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Own-initiative provision of information

Article 7

1.   Member States may provide, on their own initiative, through their Single Point of Contact or through their competent law enforcement authorities, information available to it or them to the Single Points of Contact or to the competent law enforcement authorities of other Member States where there are objective reasons to believe that such information could be relevant to those other Member States for the purpose of preventing, detecting or investigating criminal offences. 2.   Member States shall ensure that their Single Point of Contact or their competent law enforcement authorities provide, on its or their own initiative, information available to it or them to the Single Points of Contact or to the competent law enforcement authorities of other Member States where there are objective reasons to believe that such information could be relevant to those other Member States for the purpose of preventing, detecting or investigating serious criminal offences. However, no such obligation shall exist in so far as the reasons referred to in Article 6(1), point (c) or (f), apply in respect of such information. 3.   Member States shall ensure that, where their Single Point of Contact or their competent law enforcement authorities provide information on its or their own initiative to the Single Point of Contact of another Member State in accordance with paragraph 1 or 2, they do so in one of the languages included in the list established by that other Member State in accordance with Article 11. Member States shall ensure that, where their Single Point of Contact provides information on its own initiative to the competent law enforcement authority of another Member State, it sends, at the same time, a copy of that information to the Single Point of Contact of that other Member State. Member States shall ensure that, where their competent law enforcement authorities provide information on their own initiative to another Member State, they send, at the same time, a copy of that information to the Single Point of Contact of their Member State and, where appropriate, to the Single Point of Contact of that other Member State. 4.   Member States may permit their competent law enforcement authorities not to send, at the same time as providing information to the Single Point of Contact or the competent law enforcement authorities of another Member State in accordance with this Article, a copy of that information to the Single Point of Contact of their Member State or 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.

The exchange of information upon requests submitted directly to competent law enforcement authorities

Article 8

1.   Member States shall ensure that, where their Single Point of Contact submits a request for information directly to a competent law enforcement authority of another Member State, at the same time, it sends a copy of that request to the Single Point of Contact of that other Member State. Member States shall ensure that, where one of their competent law enforcement authorities provides information pursuant to such a request, it sends, at the same time, a copy of that information to the Single Point of Contact of its Member State. 2.   Member States shall ensure that, where one of their competent law enforcement authorities submits a request for information or provides information pursuant to such a request directly to a competent law enforcement authority of another Member State, at the same time, it sends a copy of that request or that information to the Single Point of Contact of its Member State and to the Single Point of Contact of that other Member State. 3.   Member States may permit their Single Point of Contact or competent law enforcement authorities not to send copies of requests or information as referred to in paragraph 1 or 2 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.

Back to Directive (EU) 2023/977 — full text

Articles on this page are reproduced verbatim from official open data. See the attribution line.

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

What to look at next