Amendments to Framework Decision 2006/783/JHA
Article 5
Framework Decision 2006/783/JHA is amended as follows: (1) in Article 4, paragraph 2 is replaced by the following: ‘2. The confiscation order or a certified copy thereof, together with the certificate, shall be transmitted by the competent authority of the issuing State directly to the authority of the executing State which is competent to execute it. The original of the confiscation order, or a certified copy thereof, and the original of the certificate shall be transmitted to the executing State if it so requires. The originals or certified copies of documents may be sent in electronic form in accordance with Article 8 of Regulation (EU) 2023/2844 of the European Parliament and of the Council ( *7 ) . All other official communications shall also be made directly between the said competent authorities. ( *7 ) 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) Article 10 is amended as follows: (a) paragraph 3 is replaced by the following: ‘3. In the case of postponement pursuant to paragraph 1, point (a), the competent authority of the executing State shall inform the competent authority of the issuing State thereof immediately, and the competent authority of the issuing State shall comply with the obligations referred to in Article 14(3).’ ; (b) paragraph 4 is replaced by the following: ‘4. In the cases referred to in paragraph 1, points (b) to (e), a report on the postponement, including the grounds for the postponement and, if possible, the expected duration of the postponement, shall be made forthwith by the competent authority of the executing State to the competent authority of the issuing State. As soon as the grounds for postponement have ceased to exist, the competent authority of the executing State shall forthwith take the necessary measures for the execution of the confiscation order and inform the competent authority of the issuing State thereof.’ ; (3) in Article 14(3), the introductory wording is replaced by the following: ‘The competent authority of the issuing State shall immediately inform the competent authority of any executing State concerned:’; (4) Article 15 is replaced by the following: ‘Article 15 Termination of execution The competent authority of the issuing State shall forthwith inform the competent authority of the executing State of any decision or measure as a result of which the order ceases to be enforceable or shall be withdrawn from the executing State for any other reason. The executing State shall terminate execution of the order as soon as it is informed by the competent authority of the issuing State of that decision or measure.’ ; (5) in Article 17, the introductory wording is replaced by the following: ‘The competent authority of the executing State shall without delay inform the competent authority of the issuing State:’; (6) the following article is inserted: ‘Article 18a Means of communication 1. With the exception of communication under Article 8(4) and Article 12(2), official communication under this Framework Decision between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844. 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.’.