Amendments to Framework Decision 2002/584/JHA
Article 2
Framework Decision 2002/584/JHA is amended as follows: (1) the following article is inserted: ‘Article 8a Means of communication 1. Without prejudice to Article 9(2) and Article 10(2) and (3), official communication under this Framework Decision between the issuing judicial authority and the executing judicial authority shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *2 ) . Where a Member State has designated a central authority or authorities, the first subparagraph shall also apply to official communication with the central authority or authorities of another Member State. 2. Communication between the competent authority in the issuing Member State and the competent authority in the executing Member State, for the purposes of providing information required to enable the requested person to appoint a lawyer in the issuing State in accordance with Article 10(5) of Directive 2013/48/EU of the European Parliament and of the Council ( *3 ) and to apply for legal aid in the issuing State in accordance with Article 5(2) of Directive (EU) 2016/1919 of the European Parliament and of the Council ( *4 ) , shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844. 3. By way of derogation from paragraph 1, transit requests made pursuant to Article 25(3) may also be sent through secure law enforcement communication channels. ( *2 ) 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 )." ( *3 ) Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty ( OJ L 294, 6.11.2013, p. 1 )." ( *4 ) Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings ( OJ L 297, 4.11.2016, p. 1 ).’;" (2) in Article 10, paragraph 4 is deleted; (3) in Article 18(1), point (a) is replaced by the following: ‘(a) either agree that the requested person should be heard in accordance with Article 19 of this Framework Decision or via videoconferencing in accordance with Article 6 of Regulation (EU) 2023/2844;’; (4) in Article 25, paragraph 3 is replaced by the following: ‘3. The transit request and the information set out in paragraph 1 shall be addressed to the authority designated pursuant to paragraph 2. The Member State of transit shall notify its decision on the transit request.’ .