Article 1, Point (5) · Regulation (EU) 2023/2131

Contents

(5)the following Articles are inserted:‘Article 22aSecure digital communication and data exchange between competent national authorities and Eurojust1.Communication between the competent national authorities and Eurojust under this Regulation shall be carried out through the decentralised IT system. The case management system referred to in Article 23 shall be connected with a network of IT systems and interoperable e-CODEX access points, which operate under the individual responsibility and management of each Member State and Eurojust, enabling the secure and reliable cross-border exchange of information (“the decentralised IT system”).2.Where exchange of information in accordance with paragraph 1 is not possible due to the unavailability of the decentralised IT system or due to exceptional circumstances, it shall be carried out by the swiftest, most appropriate alternative means. Member States and Eurojust shall ensure that the alternative means of communication are reliable and provide an equivalent level of security and data protection.3.The competent national authorities shall transmit the information referred to in Articles 21 and 21a of this Regulation to Eurojust in a semi-automated and structured manner from national registers. The arrangements for such transmission shall be determined by the Commission, in consultation with Eurojust, in an implementing act, in accordance with Article 22b of this Regulation. In particular, that implementing act shall determine the format of the data transmitted pursuant to Annex III, point (d), to this Regulation and the necessary technical standards with regard to the transmission of such data, and shall set out the digital procedural standards as defined in Article 3, point 9, of Regulation (EU) 2022/850 of the European Parliament and of the Council^note.4.The Commission shall be responsible for the creation, maintenance and development of reference implementation software which Member States and Eurojust may choose to apply as their back-end system. That reference implementation software shall be based on a modular setup, meaning that the software is packaged and delivered separately from the e-CODEX components needed to connect it to the decentralised IT system. That setup shall enable Member States to reuse or enhance their existing national judicial communication infrastructures for the purpose of cross-border use and Eurojust to connect its case management system to the decentralised IT system.5.The Commission shall provide, maintain and support the reference implementation software free of charge. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union.6.Member States and Eurojust shall bear their respective costs for establishing and operating an authorised e-CODEX access point as defined in Article 3, point 3, of Regulation (EU) 2022/850, and for establishing and adjusting their relevant IT systems to make them interoperable with the access points.Article 22bAdoption of implementing acts by the Commission1.The Commission shall adopt the implementing acts necessary for the establishment and use of the decentralised IT system for communication under this Regulation, setting out the following:

(a)the technical specifications defining the methods of communication by electronic means for the purposes of the decentralised IT system;

(b)the technical specifications for communication protocols;

(c)the information security objectives and relevant technical measures ensuring minimum information security standards and a high level of cybersecurity standards for the processing and communication of information within the decentralised IT system;

(d)the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;

(e)the establishment of 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 this Regulation.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted by 1 November 2025 in accordance with the examination procedure referred to in Article 22c(2).Article 22cCommittee Procedure1.The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council^note.2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.