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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)note, and in particular Article 25(1)(e) thereof,Whereas:
(1)According to Regulation (EU) 2020/1784, all communication and exchange of documents between the agencies and bodies designated by the Member States under this Regulation are to be, as a rule, carried out through a secure and reliable decentralised IT system comprising national IT systems that are interconnected and technically interoperable, for example, and without prejudice to further technological progress, based on e-CODEX. That decentralised IT system is implemented within a larger e-CODEX-based decentralised IT system referred to as JUstice Digital EXchange system (JUDEX), requiring an effective exchange of information concerning horizontal developments.
(2)The technical specifications, measures and other requirements for the implementation of that decentralised IT system have been laid down in Commission Implementing Regulation (EU) 2022/423note.
(3)The decentralised IT system will become operational on 1 May 2025.
(4)Regulation (EU) 2020/1784 provides that the Commission is to establish a steering committee comprising representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of the Regulation.
(5)The roles and tasks of the steering committees under respectively Regulation (EU) 2020/1783 of the European Parliament and of the Councilnote and Regulation (EU) 2020/1784 are similar, making it expedient and cost-effective to hold joint meetings of the steering committees under both Regulations.
(6)Rules on disclosure of information by members of the steering committee and observers should be laid down.
(7)Personal data should be processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Councilnote.
(8)The measures provided for in this Decision are in accordance with the opinion of the Committee on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters,
HAS ADOPTED THIS DECISION:
Article 1Establishment of the steering committee#
The steering committee within the meaning of Article 25(1)(e) of Regulation (EU) 2020/1784, hereinafter referred to as ‘the committee’, is hereby established.
Article 2Tasks#
In accordance with Article 25(1)(e) of Regulation (EU) 2020/1784 the committee’s task is to ensure the operation and maintenance of the decentralised IT system in order to meet the objectives of this Regulation. In particular, it shall:
(a)collaborate with / advise the Commission in relation to the operation and maintenance of the service of documents decentralised IT system according to Regulation (EU) 2020/1784;
(b)bring about an exchange of experience and good practice between Member States’ authorities in the field of service of documents in civil and commercial matters in relation to the operation and maintenance of the service of documents decentralised IT system;
(c)discuss technical matters, risks, and challenges, including implementation priorities, in light of the continued development and maintenance of the service of documents decentralised IT system and its components.
Article 3Membership#
1.Members of the committee shall be Member States’ authorities competent at national, regional or local level in the field of service of documents in civil and commercial matters for the use of the decentralised IT system.
2.Member States’ authorities shall nominate their representatives and shall ensure that they provide a high level of expertise.
Article 5Operation#
1.Meetings of the committee shall, in principle, be held on Commission premises or virtually, depending on the circumstances.
2.The Commission shall provide secretarial services to the committee. Commission officials from other departments with an interest in the proceedings may attend meetings of the committee and its sub-committees.
3.The committee may, by a simple majority of its members, decide that deliberations shall be public.
4.Minutes on the discussion on each point on the agenda and on the opinions delivered by the committee shall be meaningful and complete.
Article 6Sub-committees#
The committee may set up sub-committees for the purpose of examining specific questions on the basis of terms of reference defined by the committee. Sub-committees shall report to the committee. They shall be dissolved as soon as their mandate is fulfilled.
Article 7Observers#
1.Organisations and public entities other than Member States’ authorities may be granted an observer status by direct invitation.
2.Organisations and public entities appointed as observers shall nominate their representatives.
3.Observers and their representatives may be permitted by the Chair to take part in the discussions of the committee and its sub-committees and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the committee and its sub-committees.
Article 8Rules of procedure#
The committee shall adopt its rules of procedure by a simple majority of its members. Sub-committees shall operate in compliance with the committee’s rules of procedure.
Article 9Professional secrecy and handling of classified information#
The members of the committee and their representatives, as well as observers, are subject to the obligation of professional secrecy, laid down in the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443note and 2015/444note. Should they fail to respect these obligations, the Commission may take all appropriate measures.
Article 10Transparency#
All relevant documents, including the agendas, the minutes and the participants’ submissions, shall be made available on a dedicated website. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Councilnote.
Article 11Meeting expenses#
1.Participants in the activities of the committee and sub-committees shall not be remunerated for those activities.
2.Travel and subsistence expenses incurred by participants in the activities of the committee and sub-committees shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.
Article 12Entry into force#
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
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