Chapter II, Article 2 · Directive (EU) 2023/2843

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Article 2Amendments to Framework Decision 2002/584/JHA#

Framework Decision 2002/584/JHA is amended as follows:

(1)the following article is inserted:‘Article 8aMeans of communication1.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^note.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^note 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^note, 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)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.’.