Adoption of implementing acts by the Commission
1. The Commission shall adopt implementing acts on the decentralised IT system referred to in Article 3(1) of this Regulation and the European electronic access point referred to in Article 4(1) of this Regulation, setting out the following:
(a)
the technical specifications for the methods of communication by electronic means for the purposes of the decentralised IT system;
(b)
the technical specifications for communication protocols;
(c)
the information security objectives and relevant technical measures ensuring minimum information security standards and a high level of cybersecurity for the processing and communication of information within the decentralised IT system;
(d)
the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;
(e)
digital procedural standards as defined in Article 3(9) of Regulation (EU) 2022/850;
(f)
an implementation timetable laying down, inter alia, the dates of the availability of the reference implementation software, referred to in Article 12 of this Regulation, its installation by the competent authorities, and, where relevant, completion of the adjustments to national IT systems necessary for ensuring compliance with the requirements referred to in points (a) to (e) of this paragraph; and
(g)
the technical specifications for the European electronic access point, including the means used for the electronic identification of the user at the assurance level high as specified in Article 8(2), point (c), of Regulation (EU) No 910/2014 and the retention period for storing information and documents.
2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 15(2).
3. The implementing acts referred to in paragraph 1 of this Article shall be adopted by:
(a)
17 January 2026 for the legal acts listed in points 3 and 4 of Annex I and the legal acts listed in points 1, 10 and 11 of Annex II;
(b)
17 January 2027 for the legal acts listed in points 1, 8, 9 and 10 of Annex I and the legal acts listed in points 5 and 9 of Annex II;
(c)
17 January 2028 for the legal acts listed in points 6, 11 and 12 of Annex I and the legal acts listed in points 2, 3, 4 and 8 of Annex II; and
(d)
17 January 2029 for the legal acts listed in points 2, 5, 7 and 13 of Annex I and the legal acts listed in points 6 and 7 of Annex II.
Training
1. Member States shall ensure that the justice professionals concerned and competent authorities are offered the necessary training for efficient use of the decentralised IT system and for the appropriate use of videoconferencing or other distance communication technology. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union and with due respect for the independence of the legal profession, Member States shall encourage such training for judges, prosecutors and other justice professionals.
2. The Commission shall ensure that the training of justice professionals in the efficient use of the decentralised IT system is among the training priorities supported by the relevant Union financial programmes.
3. Member States shall encourage the authorities to share best practices regarding videoconferencing in order to reduce costs and increase efficiency.
4. The Commission shall inform Member States of the possibility of applying for grants to support the activities referred to in paragraphs 1 and 3, under the relevant Union financial programmes.
Reference implementation software
1. The Commission shall be responsible for the creation, accessibility, development and maintenance of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system. The creation, development and maintenance of the reference implementation software shall be financed from the general budget of the Union.
2. The Commission shall provide, maintain and support the reference implementation software on a free-of-charge basis.
3. The reference implementation software shall offer a common interface for communication with other national IT systems.
Costs of the decentralised IT system, European electronic access point and national IT systems
1. Each Member State or entity operating an authorised e-CODEX access point as defined in Article 3(4) of Regulation (EU) 2022/850 shall bear the costs of the installation, operation and maintenance of the decentralised IT system access points for which they are responsible.
2. Each Member State or entity operating an authorised e-CODEX access point as defined in Article 3(4) of Regulation (EU) 2022/850 shall bear the costs of establishing and adjusting its relevant national or, where applicable, other IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.
3. The Commission shall inform Member States of the possibility of applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.
4. Union bodies and agencies shall bear the costs of the installation, operation and maintenance of the components of the decentralised IT system under their responsibility.
5. Union bodies and agencies shall bear the costs of establishing and adjusting their case-management systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.
6. The Commission shall bear all costs related to the European electronic access point.
Protection of information transmitted
1. The competent authority shall be regarded as a controller within the meaning of Regulations (EU) 2016/679 and (EU) 2018/1725 or Directive (EU) 2016/680 in respect of the processing of personal data sent or received through the decentralised IT system.
2. The Commission shall be regarded as a controller within the meaning of Regulation (EU) 2018/1725 in respect of personal data processing by the European electronic access point.
3. Competent authorities shall ensure that information transmitted in the context of cross-border judicial procedures to another competent authority and deemed confidential under the law of the Member State from which the information is being sent is subject to the rules on confidentiality laid down by Union law and the national law of the Member State to which the information is being sent.
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Monitoring and Evaluation
1. Four years from the date of entry into force of the implementing acts referred to in Article 10(3)(d) and every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and to the Council a report supported by information supplied by the Member States to the Commission and information collected by it. The Commission shall also include an assessment of the effect of electronic communication on the equality of arms in the context of cross-border civil and criminal proceedings. The Commission shall, in particular, assess the application of Article 5. On the basis of that assessment, the Commission shall submit, if appropriate, a legislative proposal obliging Member States to make videoconferencing or other distance communication technology available, specifying the relevant technology and the interoperability standards and establishing judicial cooperation for the purposes of providing the parties to the proceedings with access to the infrastructure necessary for use of videoconferencing or other distance communication technology in the premises of the competent authorities in the Member State where a party is present.
2. Unless an equivalent notification procedure applies under other Union legal acts, the Member States shall provide the Commission on an annual basis with the following information relevant for the evaluation of the operation and application of this Regulation:
(a)
three years from the date of entry into force of each of the implementing acts referred to in Article 10(3), the costs incurred for establishing or adjusting their relevant national IT systems to make them interoperable with the access points;
(b)
three years from the entry into force of each of the implementing acts referred to in Article 10(3)(b), the length of first instance judicial proceedings, from the reception of the application by the competent authority until the date of the decision, under the legal acts listed in points 3, 4 and 9 of Annex I, where such information is available;
(c)
three years from the date of entry into force of each of the implementing acts referred to in Article 10(3), the length of time needed to transmit information on the decision on recognition and execution of a judgment or a judicial decision or, if not applicable, to transmit information on the results of the execution of such a judgment or a judicial decision, under the legal acts listed in points 1 to 7 and 9 to 11 of Annex II, grouped by corresponding legal act, where available;
(d)
three years from the date of entry into force of each of the implementing acts referred to in Article 10(3), the number of requests transmitted through the decentralised IT system in accordance with Article 3(1) and (2), where such information is available.
3. For the purpose of establishing a sample, each Member State shall designate one or more competent authorities to collect the data on the number of hearings conducted by those authorities in which videoconferencing or other distance communication technology was used in accordance with Articles 5 and 6. Such data shall be provided to the Commission from 2 May 2026.
4. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in paragraph 2, points (b), (c) and (d) and transmit them to the Commission on an annual basis.
5. Member States shall make every endeavour to collect the data referred to in paragraph 2, points (b), (c) and (d).
Information to be communicated to the Commission
1. Member States shall communicate by 17 July 2024 to the Commission the following information with a view to making it available through the European e-Justice Portal:
(a)
details of national IT portals, where applicable;
(b)
a description of the national laws and procedures applicable to videoconferencing in accordance with Articles 5 and 6;
(c)
information on fees due;
(d)
details on the electronic payment methods available for fees due in cross-border cases;
(e)
the authorities with competence under the legal acts listed in Annexes I and II, where they have not already been notified to the Commission in accordance with those legal acts.
Member States shall communicate to the Commission any changes with regard to the information referred to in the first subparagraph without delay.
2. Member States shall notify the Commission if they are in a position to apply Article 5 or 6 or operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
