Amendments to Directive 2014/41/EU
Article 11
Directive 2014/41/EU is amended as follows: (1) the following article is inserted: ‘Article 5a Means of communication 1. With the exception of communication under Article 9(6), Article 11(4), Article 12(5) and (6) and Article 16(2), first subparagraph, official communication under this Directive between the issuing authority and the executing authority shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *13 ) . 2. Where a Member State has designated a central authority or authorities, paragraph 1 shall also apply to official communication with the central authority or authorities of another Member State. ( *13 ) Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ( OJ L, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/reg/2023/2844/oj ).’;" (2) in Article 7, paragraph 1 is replaced by the following: ‘1. The EIO completed in accordance with Article 5 shall be transmitted by the issuing authority to the executing authority.’ (3) in Article 15, paragraph 2 is replaced by the following: ‘2. As soon as the grounds for postponement have ceased to exist, the executing authority shall forthwith take the necessary measures for the execution of the EIO and inform the issuing authority thereof.’ ; (4) Article 16 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. Without prejudice to Article 10(4) and (5), the executing authority shall inform the issuing authority immediately by any means: (a) if it is impossible for the executing authority to take a decision on the recognition or execution due to the fact that the form provided for in Annex A is incomplete or manifestly incorrect; (b) if the executing authority, in the course of the execution of the EIO, considers without further enquiries that it may be appropriate to carry out investigative measures not initially foreseen, or which could not be specified when the EIO was issued, in order to enable the issuing authority to take further action in the specific case; or (c) if the executing authority establishes that, in a specific case, it cannot comply with formalities and procedures expressly indicated by the issuing authority in accordance with Article 9. Upon request by the issuing authority, the information shall be confirmed without delay in accordance with Article 5a.’ ; (b) in paragraph 3, the introductory wording is replaced by the following: ‘Without prejudice to Article 10(4) and (5), the executing authority shall inform the issuing authority without delay:’.