Amendments to Framework Decision 2008/909/JHA
Article 6
Framework Decision 2008/909/JHA is amended as follows: (1) in Article 5, paragraph 1 is replaced by the following: ‘1. The judgment or a certified copy of it, together with the certificate, shall be forwarded, by the competent authority of the issuing State directly to the competent authority of the executing State. The original of the judgment, or a certified copy of it, and the original of the certificate, shall be sent 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 ( *8 ) . All other official written communications shall also be made directly between the said competent authorities. ( *8 ) 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 16, paragraph 1 is replaced by the following: ‘1. Each Member State shall, in accordance with its law, permit the transit through its territory of a sentenced person who is being transferred to the executing State, provided that a copy of the certificate referred to in Article 4 has been forwarded to it by the issuing State together with the transit request. The transit request and the certificate shall be transmitted in accordance with Article 22a. Upon request of the Member State to permit transit, the issuing State shall provide a translation of the certificate into one of the languages, to be indicated in the request, which the Member State requested to permit transit accepts.’ ; (3) in Article 21, 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:’; (4) the following article is inserted: ‘Article 22a Means of communication 1. With the exception of communication under Article 4(3), Article 9(3) and Article 12(3), 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. By way of derogation from paragraph 1, transit requests made pursuant to Article 16(1) may also be sent through secure law enforcement communication channels.’.