Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 30 May 2022**
**(OR. en)**

**2020/0345 (COD)**
**LEX 2159**

**PE-CONS 87/1/21**

**REV 1**

**ECODEX 14**

**EJUSTICE 113**

**JUSTCIV 195**

**JAI 1427**

**COPEN 461**

**IXIM 293**

**DATAPROTECT 296**

**CSC 446**

**CODEC 1676**

**REGULATION**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**ON A COMPUTERISED SYSTEM**

**FOR THE CROSS-BORDER ELECTRONIC EXCHANGE OF DATA IN THE AREA**

**OF JUDICIAL COOPERATION IN CIVIL AND CRIMINAL MATTERS (e-CODEX system),**

**AND AMENDING REGULATION (EU) 2018/1726**

PE-CONS 87/1/21 REV 1

# **EN**

**REGULATION (EU) 2022/…**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**of 30 May 2022**

**on a computerised system for the cross-border electronic exchange of data**

**in the area of judicial cooperation in civil and criminal matters (e-CODEX system),**

**and amending Regulation (EU) 2018/1726**

**(Text with EEA relevance)**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 81(2) and Article 82(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee **[1]**,

Acting in accordance with the ordinary legislative procedure **[2]**,

**1** OJ C 286, 16.7.2021, p. 82.
**2** Position of the European Parliament of 24 March 2022 (not yet published in the Official
Journal) and decision of the Council of 12 April 2022.

PE-CONS 87/1/21 REV 1 1

# **EN**

Whereas:

(1) Ensuring the effective access of citizens and businesses to justice and facilitating judicial

cooperation in civil, including commercial, and criminal matters between the

Member States are among the main objectives of the Union’s area of freedom, security and

justice enshrined in Part three, Title V of the Treaty on the Functioning of the

European Union (TFEU).

(2) It is sometimes difficult to access justice systems for a number of reasons such as

formalistic and expensive legal procedures, long procedural delays and high costs of using

court systems.

(3) It is thus important that appropriate channels are developed to ensure that justice systems

can efficiently cooperate in a digital way. Therefore, it is essential to establish, at Union

level, an information technology system that allows for the swift, direct, interoperable,

sustainable, reliable and secure cross-border electronic exchange of case-related data,

while always respecting the right to protection of personal data. Such a system should

contribute to improving access to justice and transparency by enabling citizens and

businesses to exchange documents and evidence in digital form with judicial or other

competent authorities, when provided for by national or Union law. That system should

increase citizens’ trust in the Union and mutual trust between Member States’ judicial and

other competent authorities.

PE-CONS 87/1/21 REV 1 2

# **EN**

(4) Digitalisation of proceedings in civil and criminal matters should be encouraged with the

aim of strengthening the rule of law and fundamental rights guarantees in the Union,

particularly by facilitating access to justice.

(5) This Regulation concerns the cross-border electronic exchange of data in the area of

judicial cooperation in civil and criminal matters. Judicial cooperation in civil and criminal

matters and the respective competences of judicial or other competent authorities should be

understood in accordance with Union legal acts and the case law of the Court of Justice of

the European Union.

(6) Tools which have not replaced or required costly modifications to the existing back-end

systems established in the Member States have previously been developed for the

cross-border electronic exchange of case-related data. The e-Justice Communication via

Online Data Exchange (e-CODEX) system is the main such tool developed to date.

PE-CONS 87/1/21 REV 1 3

# **EN**

(7) The e-CODEX system is a tool specifically designed to facilitate the cross-border

electronic exchange of data in the area of judicial cooperation in civil and criminal matters.

In the context of increased digitalisation of proceedings in civil and criminal matters, the

aim of the e-CODEX system is to improve the efficiency of cross-border communication

between competent authorities and to facilitate citizens’ and businesses’ access to justice.

Until the handover of the e-CODEX system to the European Union Agency for the

Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and

Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament

and of the Council **[1]**, the e-CODEX system will be managed by a consortium of

Member States and organisations with funding from Union programmes (the ‘entity

managing the e-CODEX system’).

(8) The e-CODEX system provides an interoperable solution for the justice sector to connect

the IT systems of the competent national authorities, such as the judiciary, or other

organisations. The e-CODEX system should therefore be viewed as the preferred solution

for an interoperable, secure and decentralised communication network between national IT

systems in the area of judicial cooperation in civil and criminal matters.

**1** Regulation (EU) 2018/1726 of the European Parliament and of the Council of
14 November 2018 on the European Union Agency for the Operational Management of
Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and
amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and
repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).

PE-CONS 87/1/21 REV 1 4

# **EN**

(9) For the purposes of this Regulation, the electronic exchange of data includes any content

transmissible in electronic form by means of the e-CODEX system, such as text or sound,

visual or audiovisual recordings, in the form of either structured or unstructured data, files

or metadata.

(10) This Regulation does not provide for the mandatory use of the e-CODEX system. At the

same time, nothing in this Regulation should prevent Member States from developing and

maintaining pilot use cases.

(11) The e-CODEX system consists of two software elements: a gateway for the exchange of

messages with other gateways; and a connector, which provides a number of

functionalities related to the exchange of messages between national IT systems. Currently,

the gateway is based on a building block of the Connecting Europe Facility maintained by

the Commission known as ‘eDelivery’, while the management of the connector is carried

out by the entity managing the e-CODEX system. The connector provides functions such

as verification of electronic signatures via a security library and proof of delivery. In

addition, the entity managing the e-CODEX system has developed data schemas for digital

forms to be used in the specific civil and criminal procedures for which it has piloted the

e-CODEX system.

PE-CONS 87/1/21 REV 1 5

# **EN**

(12) Given the importance of the e-CODEX system for cross-border exchanges in the area of

judicial cooperation in the Union, the e-CODEX system should be established by means of

a sustainable Union legal framework that provides for rules regarding its functioning and

development. Such a legal framework should ensure the protection of fundamental rights

as provided for in the Charter of Fundamental Rights of the European Union, especially

those enshrined in Title VI thereof, and in particular in Article 47 on the right to an

effective remedy and to a fair trial. It should in no way undermine the protection of

procedural rights which are essential for the protection of those fundamental rights. It

should also clearly set out and frame the components of the e-CODEX system in order to

guarantee its technical sustainability and security. The e-CODEX system should establish

the IT components of an e-CODEX access point, which should consist of a gateway for the

purposes of secure communication with other identified gateways and a connector for the

purpose of supporting the exchange of messages. The e-CODEX system should also

include digital procedural standards to support the use of e-CODEX access points for legal

procedures provided for by Union legal acts adopted in the area of judicial cooperation in

civil and criminal matters and to enable the exchange of information between the

e-CODEX access points.

PE-CONS 87/1/21 REV 1 6

# **EN**

(13) Given that semantic interoperability, as one of the layers of interoperability, should be a

contributing factor to achieving this Regulation’s objective of setting up a standardised and

meaningful interaction between two or more parties, particular consideration should be

given to the EU e-Justice Core Vocabulary, which is an asset for reusable semantical terms

and definitions used to ensure data consistency and data quality over time and across

use cases.

(14) Since it is necessary to ensure the long-term sustainability of the e-CODEX system and its

governance, while respecting the principle of the independence of the judiciary, an

appropriate entity for the management of the e-CODEX system should be designated. The

independence of the judiciary, in the context of the governance of the e-CODEX system

within that entity, should be ensured.

PE-CONS 87/1/21 REV 1 7

# **EN**

(15) The most appropriate entity for the management of the e-CODEX system is an agency,

since its governance structure would allow Member States to be involved in the

management of the e-CODEX system by participating in the agency's management board,

programme management board and advisory group. eu-LISA has relevant experience in

managing large-scale IT systems. eu-LISA should therefore be entrusted with the

management of the e-CODEX system. It is also necessary to adjust the existing governance

structure of eu-LISA by adapting the responsibilities of its Management Board and by

establishing an e-CODEX Advisory Group. Regulation (EU) 2018/1726 should therefore

be amended accordingly. A specific e-CODEX Programme Management Board should

also be established, taking into account gender balance. The e-CODEX Programme

Management Board should advise eu-LISA’s Management Board on the prioritisation of

activities, including on developing digital procedural standards, new features and new

software versions.

PE-CONS 87/1/21 REV 1 8

# **EN**

(16) In accordance with Article 19 of Regulation (EU) 2018/1726, the functions of eu-LISA’s

Management Board are, inter alia, to ensure that all of eu-LISA’s decisions and actions

which affect large-scale IT systems in the area of freedom, security and justice respect the

principle of independence of the judiciary. eu-LISA’s governance structure and financing

scheme further guarantee that that principle is respected. It is also important to involve the

legal professions, other experts and relevant stakeholders in the governance of the

e-CODEX system through the e-CODEX Advisory Group and the e-CODEX Programme

Management Board. The detailed arrangements and conditions as regards the involvement

of the legal professions, other experts and relevant stakeholders should allow them to

participate effectively and be consulted effectively, namely by ensuring their feedback is

duly considered.

(17) Given eu-LISA’s priority tasks of developing and managing the Entry/Exit System (EES),

the European Travel Information and Authorisation System (ETIAS), the centralised

system for the identification of Member States holding conviction information on

third-country nationals and stateless persons (ECRIS-TCN), the revised Schengen

Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the

strategic task of establishing a framework for interoperability between EU information

systems, eu-LISA should take over the responsibility for the e-CODEX system

between 1 July 2023 and 31 December 2023.

PE-CONS 87/1/21 REV 1 9

# **EN**

(18) e-CODEX correspondents should be entitled to request and receive technical support under

this Regulation and should support the operation of the e-CODEX system among

Member States. The service level requirements for the activities to be carried out by

eu-LISA should address the matter of the number of e-CODEX correspondents in

Member States and in the Commission, in proportion to the number of the e-CODEX

access points authorised by the Member States or by the Commission and to the number of

the digital procedural standards which they apply.

(19) The e-CODEX system can be used in cross-border civil and criminal matters. It should be

possible to use the e-CODEX system and the components of the e-CODEX system for

other purposes outside of the scope of judicial cooperation under national or Union law as

long as such use does not impair the use of the e-CODEX system. This Regulation only

applies to the cross-border exchange of data between connected systems via authorised

e-CODEX access points, in accordance with the corresponding digital

procedural standards.

PE-CONS 87/1/21 REV 1 10

# **EN**

(20) eu-LISA should be responsible for the components of the e-CODEX system, except for the

management of the gateway, since it is currently provided by the Commission on a

cross-sectoral basis within eDelivery. eu-LISA should take over full responsibility for the

management of the connector and the digital procedural standards from the entity

managing the e-CODEX system. Given that the gateway and the connector are integral

components of the e-CODEX system, eu-LISA should ensure that the connector is

compatible with the latest version of the gateway. To that end, the Commission should

include eu-LISA in the preparatory work undertaken before eu-LISA takes over

responsibility for the e-CODEX system and in the relevant governance body of eDelivery

as from the entry into force of this Regulation.

PE-CONS 87/1/21 REV 1 11

# **EN**

(21) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission. Those powers should be

exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament

and of the Council **[1]** . The implementing acts adopted in that framework should establish:

the minimum technical specifications and standards, including for security and methods for

integrity and authenticity verification, underpinning the components of the e-CODEX

system; the service level requirements for the activities carried out by eu-LISA and other

necessary technical specifications for those activities, including the number of e-CODEX

correspondents for the authorised e-CODEX access points, in proportion to the number of

authorised e-CODEX access points and to the number of digital procedural standards

which they apply; and the specific arrangements for the handover and takeover of the

e-CODEX system. Implementing acts should also be able to establish digital procedural

standards to support the use of the e-CODEX system in the procedures in the area of

judicial cooperation in civil and criminal matters.

**1** Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission's exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).

PE-CONS 87/1/21 REV 1 12

# **EN**

(22) The connector should be able to technically support all types of electronic seals and

electronic signatures as provided for in Regulation (EU) No 910/2014 of the

European Parliament and of the Council **[1]** . The minimum technical specifications and

standards established by the Commission should include security operating standards

regarding the connector. The security requirements for the functioning of the connector

should take into account standards for information security and existing Union legal acts,

such as Regulations (EU) No 910/2014, (EU) 2016/679 **[2]** and (EU) 2018/1725 **[3]** of the

European Parliament and of the Council and Directive (EU) 2016/680 of the

European Parliament and of the Council **[4]** .

**1** Regulation (EU) No 910/2014 of the European Parliament and of the Council of
23 July 2014 on electronic identification and trust services for electronic transactions in the
internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
**2** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the
free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (OJ L 119, 4.5.2016, p. 1).
**3** Regulation (EU) 2018/1725 of the European Parliament and of the Council of
23 October 2018 on the protection of natural persons with regard to the processing of
personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision
No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
**4** Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data by competent
authorities for the purposes of the prevention, investigation, detection or prosecution of
criminal offences or the execution of criminal penalties, and on the free movement of such
data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016,
p. 89).

PE-CONS 87/1/21 REV 1 13

# **EN**

(23) The specific responsibilities of eu-LISA in relation to the management of the e‑ CODEX

system should be laid down.

(24) The tasks of eu-LISA should include the addition of new features to the e-CODEX system,

if needed. One such new feature should be a feature in the connector allowing for the

retrieval of relevant statistical data regarding the number of technical messages sent and

received through each authorised e-CODEX access point.

PE-CONS 87/1/21 REV 1 14

# **EN**

(25) At national level, it should be possible for Member States to authorise public authorities or

legal persons, such as private companies and organisations representing legal practitioners,

to operate e-CODEX access points. The Member States should maintain a list of such

authorised e-CODEX access points and notify them to eu-LISA in order to enable them to

interact with one another in the context of the relevant procedures. Entities operating

authorised e-CODEX access points at national level are to comply with the data protection

requirements and principles laid down in Regulation (EU) 2016/679. At Union level, it

should be possible for the Commission to authorise Union institutions, bodies, offices or

agencies to operate e-CODEX access points. The Commission should maintain a list of

such authorised e-CODEX access points and notify them to eu-LISA in order to enable

them to interact with one another in the context of the relevant procedures. Entities

operating authorised e-CODEX access points at Union level are to comply with the data

protection requirements and principles laid down in Regulation (EU) 2018/1725. While

eu-LISA should ensure the management of the e-CODEX system, and having regard to the

decentralised nature of the e-CODEX system, the responsibility for setting up and

operating the authorised e-CODEX access points should lie exclusively with the entities

operating the relevant authorised e-CODEX access points. An entity operating an

authorised e-CODEX access point should bear the responsibility for any damage resulting

from the operation of that authorised e-CODEX access point, in accordance with the

applicable law. The Member States and the Commission should verify that entities

operating authorised e-CODEX access points have the necessary technical equipment and

human resources in order to guarantee that the e-CODEX system functions properly and in

a reliable manner. Where those entities do not have the necessary technical equipment and

human resources, their authorised e-CODEX access point should lose its authorisation.

PE-CONS 87/1/21 REV 1 15

# **EN**

(26) Member States should supervise the authorised e-CODEX access points for which they are

responsible, in particular when they are operated by entities that are not public authorities.

Member States should ensure that adequate data security measures are in place.

(27) Member States should inform the general public about the e-CODEX system by means of a

set of large-scale communication channels, including websites and social media platforms.

(28) While it is for each Member State to determine the digital procedural standards which each

e-CODEX access point it has authorised is entitled to apply, each Member State should

nevertheless ensure that all the digital procedural standards adopted by means of

implementing acts under this Regulation apply in their territory.

(29) A mechanism should be put in place to monitor the impact of instruments that enable the

cross-border electronic exchange of data in the area of judicial cooperation in civil and

criminal matters in the Union. The entities operating authorised e-CODEX access points

should therefore be able to systematically collect and maintain comprehensive data on the

use of the e-CODEX system. That should not only alleviate the work of the Member States

in collecting the relevant data and ensure mutual accountability and transparency, but also

significantly facilitate the _ex-post_ monitoring by the Commission of the Union legal acts

adopted in the area of judicial cooperation in civil and criminal matters. The information

collected should only encompass aggregated data and should not constitute personal data.

PE-CONS 87/1/21 REV 1 16

# **EN**

(30) When providing technical support to e-CODEX correspondents in relation to the

e-CODEX system, eu-LISA should act as a single point of contact, including for the

purposes of the gateway.

(31) eu-LISA should maintain a high level of security when carrying out its tasks. When

undertaking further technical evolutions of software or developing upgrades, eu-LISA

should implement the principles of security by design and data protection by design and by

default, in accordance with Regulation (EU) 2018/1725. An entity operating an authorised

e-CODEX access point should bear the responsibility for the security and protection of the

data transmitted via its authorised e-CODEX access point.

(32) Classified information, as defined in Article 2 of the Agreement between the

Member States of the European Union, meeting within the Council, regarding the

protection of classified information exchanged in the interests of the European Union **[1]**,

should not be transmitted via the e-CODEX system, unless the relevant conditions

provided for in that Agreement, in other Union legal acts and in national law are fulfilled.

**1** OJ C 202, 8.7.2011, p. 13.

PE-CONS 87/1/21 REV 1 17

# **EN**

(33) In order to allow eu-LISA to prepare adequately for the takeover of the e-CODEX system,

the entity managing the e-CODEX system should submit by 31 December 2022 a handover

document setting out the detailed arrangements for the transfer of the e-CODEX system,

including the criteria for a successful handover process and for the successful completion

of that process, in accordance with implementing acts adopted by the Commission

pursuant to this Regulation. The handover document should cover the components of the

e‑ CODEX system, including the gateway, the connector and the digital procedural

standards, as well as the relevant supporting software products, documentation and other

assets. The Commission should monitor the handover and takeover process in order to

ensure that it complies with the implementing acts adopted pursuant to this Regulation and

the handover document. The takeover should only take place once the Commission has

declared that the process has been successfully completed, after consulting the entity

managing the e-CODEX system and eu-LISA. After submitting the handover document

and until the successful handover of the e-CODEX system to eu-LISA, the entity managing

the e-CODEX system should not make changes to the e-CODEX system or deliver any

new software release other than for the purpose of carrying out corrective maintenance of

the e-CODEX system.

PE-CONS 87/1/21 REV 1 18

# **EN**

(34) As part of the handover of the e-CODEX system to eu-LISA, it should be ensured that any

intellectual property rights or usage rights relating to the e-CODEX system and the

relevant supporting software products, documentation and other assets are transferred to

eu-LISA so as to enable it to carry out its responsibilities under this Regulation. However,

for the main software components of the e-CODEX system, a contractual transfer is not

needed because those software components are open source and covered by the

European Union Public Licence.

(35) In order for the Commission to be able to evaluate the e-CODEX system on a regular

basis, eu-LISA should report to the Commission every two years on the technical evolution

and the technical functioning of the e-CODEX system. In order to feed into that report,

Member States should provide eu-LISA with the relevant information concerning the

authorised e-CODEX access points for the connected systems in their territory, and the

Commission should provide relevant information concerning the authorised e-CODEX

access points operated by Union institutions, bodies, offices and agencies.

(36) The e-CODEX Advisory Group should provide eu-LISA with the necessary expertise

related to the e-CODEX system, in particular by promoting the exchange of experiences

and best practices. It should be possible for the e-CODEX Advisory Group to be involved

in the development of new digital procedural standards, including those launched at the

initiative of Member States.

PE-CONS 87/1/21 REV 1 19

# **EN**

(37) The term of office of the members of the e-CODEX Programme Management Board and

their alternates should be renewable. Due consideration should be given to the

representation of different Member States on the e-CODEX Programme Management

Board, which is to be promoted whenever possible so as to ensure that all Member States

are represented on the e-CODEX Programme Management Board over time.

(38) When carrying out its duties, the e-CODEX Programme Management Board should ensure

that all measures taken by eu-LISA regarding the e-CODEX system, either technical, for

example measures concerning infrastructure, data management and data separation, or

organisational, for example measures concerning key personnel and other human

resources, are in accordance with the principle of the independence of the judiciary.

(39) In order to enable the European Parliament and the Council to assess the success of the

transfer of the e-CODEX system and how well the e-CODEX system functions in general,

the Commission should regularly produce overall evaluations of the e-CODEX system.

The Commission should prepare the first such evaluation three years after eu-LISA takes

over responsibility for the e-CODEX system and every four years thereafter.

(40) Sufficient resources should be provided to eu-LISA in order to ensure that it is able to

adequately carry out its new tasks as set out in this Regulation. The resources committed to

the operation of the e-CODEX system in accordance with this Regulation should not be

used for any other purpose.

PE-CONS 87/1/21 REV 1 20

# **EN**

(41) As regards the costs incurred in the performance of tasks laid down by this Regulation,

nothing in this Regulation should prevent Member States from applying for funding from

Union financing programmes for the implementation of the e-CODEX system at

national level.

(42) Insofar as permitted by national law, nothing in this Regulation prevents the submission of

information to eu-LISA in an automated way, in particular the notifications provided for in

this Regulation.

(43) This Regulation does not provide any specific legal basis for the processing of personal

data. Any processing of personal data under this Regulation should be in accordance with

the applicable data protection rules. Regulation (EU) 2016/679 and

Directives 2002/58/EC **[1]** and (EU) 2016/680 of the European Parliament and the Council

apply to the processing of personal data carried out by entities operating authorised

e-CODEX access points which are established within the territory of the Member States in

accordance with this Regulation.

(44) Regulation (EU) 2018/1725 applies to the processing of personal data carried out by Union

institutions, bodies, offices and agencies under this Regulation.

**1** Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications) (OJ L 201,
31.7.2002, p. 37).

PE-CONS 87/1/21 REV 1 21

# **EN**

(45) It should be possible for international organisations or their subordinate bodies, governed

by public international law, or other relevant entities or bodies, which are set up by, or on

the basis of, an agreement between two or more countries, to participate in the e-CODEX

system as relevant stakeholders after its operational management has been entrusted to

eu-LISA. To that end, and in order to ensure the effective, standardised and secure

operation of the e-CODEX system, it should be possible for eu-LISA to conclude working

arrangements with those organisations, bodies and entities pursuant to Regulation

(EU) 2018/1726.

(46) Since the objectives of this Regulation, namely the establishment of the e-CODEX system

at Union level and the entrusting of the system’s management to eu-LISA, cannot be

sufficiently achieved by the Member States but can rather, by reason of the scale and

effects of the action, be better achieved at Union level, the Union may adopt measures, in

accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on

European Union (TEU). In accordance with the principle of proportionality as set out in

that Article, this Regulation does not go beyond what is necessary in order to achieve

those objectives.

(47) The Commission should study the feasibility of allowing third countries to participate in

the e-CODEX system and, if necessary, present a legislative proposal to allow for such

participation and to lay down rules and protocols to that end.

PE-CONS 87/1/21 REV 1 22

# **EN**

(48) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark,

annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this

Regulation and is not bound by it or subject to its application.

(49) In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of

the United Kingdom and Ireland in respect of the area of freedom, security and justice,

annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol,

Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject

to its application.

(50) eu-LISA’s seat was established in Tallinn, Estonia. In view of its specific nature and

characteristics, it was considered appropriate to develop and operationally manage the

e-CODEX system in Tallinn, Estonia.

(51) The European Data Protection Supervisor was consulted in accordance with Article 42(1)

of Regulation (EU) 2018/1725 and delivered an opinion on 26 January 2021,

HAVE ADOPTED THIS REGULATION:

PE-CONS 87/1/21 REV 1 23

# **EN**

## **Chapter 1** **General Provisions**

_Article 1_

_Subject matter_

1. This Regulation establishes the legal framework for the e-CODEX system.

2. This Regulation lays down rules on the following:

(a) the definition, composition, functions and management of the e-CODEX system;

(b) the responsibilities of the European Union Agency for the Operational Management

of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA)

regarding the e-CODEX system;

(c) the responsibilities of the Commission, Member States and the entities operating

authorised e-CODEX access points;

(d) the legal framework for the security of the e-CODEX system.

PE-CONS 87/1/21 REV 1 24

# **EN**

_Article 2_

_Scope_

This Regulation applies to the cross-border electronic exchange of data in the area of judicial

‑
cooperation in civil and criminal matters by means of the e CODEX system in accordance with the

Union legal acts adopted in that area.

_Article 3_

_Definitions_

For the purposes of this Regulation, the following definitions apply:

(1) ‘e-CODEX system’ (e-Justice Communication via Online Data Exchange system) means a

decentralised and interoperable system for cross-border communication for the purpose of

facilitating the electronic exchange of data, which includes any content transmissible in

electronic form, in a swift, secure and reliable manner in the area of judicial cooperation in

civil and criminal matters;

(2) ‘e-CODEX access point’ means the software packages installed on hardware infrastructure

which are able to transmit information to and receive information from other e-CODEX

access points in a secure and reliable manner;

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(3) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been

authorised by the Commission or a Member State and notified to eu-LISA in accordance

with Article 6(4) or Article 8(1) and which applies at least one digital procedural standard;

(4) ‘entity operating an authorised e-CODEX access point’ means a national public authority

or legal person authorised under national law or a Union institution, body, office or agency

which operates an authorised e-CODEX access point;

(5) ‘e-CODEX correspondent’ means a natural person, designated by a Member State or the

Commission, who can request and receive technical support as referred to in Article 7(1),

point (f), from eu-LISA concerning all the components of the e-CODEX system in

accordance with Article 7(3);

(6) ‘connected system’ means an IT system which is connected to an e-CODEX access point

for the purpose of exchanging data with other such IT systems;

(7) ‘central testing platform’ means a component of the e-CODEX system, used exclusively

for testing, which provides a set of functions which can be used by entities operating

authorised e-CODEX access points to verify whether their authorised e-CODEX access

points are correctly operating and whether the digital procedural standards in the connected

systems associated with those authorised e-CODEX access points are correctly being used;

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(8) ‘business process model’ means a graphical and textual representation of a conceptual

model of several related, structured activities or tasks, along with the relevant data models,

and the sequence in which the activities or tasks have to be performed in order to achieve a

standardised and meaningful interaction between two or more parties;

(9) ‘digital procedural standard’ means the technical specifications for business process

models and data schemas which set out the electronic structure of the data exchanged

through the e-CODEX system based on the EU e-Justice Core Vocabulary.

_Article 4_

_Non-discrimination and respect for fundamental rights_

The fundamental rights and freedoms of all persons affected by the electronic exchange of data

through the e-CODEX system, in particular the right to effective access to justice, the right to a fair

trial, the principle of non-discrimination, the right to the protection of personal data and the right to

privacy, shall be fully respected in accordance with Union law.

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## **Chapter 2** **Composition, functions and responsibilities** **in relation to the e-CODEX system**

_Article 5_

_Composition of the e-CODEX system_

1. The e-CODEX system shall be composed of:

(a) an e-CODEX access point;

(b) digital procedural standards; and

(c) the supporting software products, documentation and other assets listed in the Annex.

2. e-CODEX access points shall be composed of:

(a) a gateway consisting of software, based on a common set of protocols, enabling the

secure exchange of information over a telecommunications network with other

gateways using the same common set of protocols;

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(b) a connector, making it possible to link connected systems to the gateway referred to

in point (a), consisting of software, based on a common set of open protocols,

enabling the following:

(i) the structuring, logging and linking of messages;

(ii) the verification of the integrity and authenticity of messages;

(iii) the creation of time-linked evidence of receipt for exchanged messages.

_Article 6_

_Responsibilities of the Commission_

1. By 31 December 2022, the Commission shall establish, by means of implementing acts:

(a) the minimum technical specifications and standards, including for security and

methods for integrity and authenticity verification, underpinning the components of

the e-CODEX system referred to in Article 5;

(b) the service level requirements for the activities to be carried out by eu-LISA referred

to in Article 7 and other necessary technical specifications for those activities,

including the number of e-CODEX correspondents;

(c) the specific arrangements for the handover and takeover process referred to in

Article 10.

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2. The Commission may adopt, by means of implementing acts, digital procedural standards,

unless the adoption of digital procedural standards is provided for in other Union legal acts

in the area of judicial cooperation in civil and criminal matters.

3. The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in

accordance with the examination procedure referred to in Article 19(2).

4. The Commission shall maintain a list of authorised e-CODEX access points which are

operated by Union institutions, bodies, offices and agencies and of the digital procedural

standards which each of those authorised e-CODEX access points applies. The

Commission shall notify that list and any changes thereto to eu-LISA without delay.

5. The Commission shall designate a number of e-CODEX correspondents in proportion to

the number of e-CODEX access points which it has authorised and to the number of digital

procedural standards which those authorised e-CODEX access points apply. Only those

e-CODEX correspondents shall be entitled to request and receive technical support as

referred to in Article 7(1), point (f), in relation to the e-CODEX system operated by Union

institutions, bodies, offices and agencies, under the terms set out in implementing acts

adopted pursuant to paragraph 1, point (b), of this Article. The Commission shall notify a

list of the e-CODEX correspondents it has designated and any changes thereto to eu-LISA.

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_Article 7_

_Responsibilities of eu-LISA_

1. eu-LISA shall be responsible for the components of the e-CODEX system referred to in

Article 5, with the exception of the gateway, and, in particular, for the following tasks:

(a) developing, maintaining, fixing bugs in and updating, including as regards security,

software products and other assets and distributing them to the entities operating

authorised e‑ CODEX access points;

(b) preparing, maintaining and updating the documentation relating to the components of

the e-CODEX system, its supporting software products and other assets, and

distributing that documentation to the entities operating authorised e-CODEX access

points;

(c) developing, maintaining and updating a configuration file containing an exhaustive

list of authorised e-CODEX access points, including the digital procedural standards

which each of those authorised e-CODEX access points applies, and distributing it to

the entities operating authorised e-CODEX access points;

(d) making technical changes and adding new features, published as new software

versions, to the e-CODEX system in order to respond to emerging requirements,

such as those resulting from the implementing acts referred to in Article 6(2), or

where requested by the e-CODEX Advisory Group;

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(e) supporting and coordinating testing activities, including connectivity, involving the

authorised e-CODEX access points;

(f) providing technical support for the e-CODEX correspondents in relation to the

e-CODEX system;

(g) developing, deploying, maintaining and updating the digital procedural standards and

distributing them to the entities operating authorised e-CODEX access points;

(h) publishing on its website a list of the authorised e-CODEX access points which have

been notified to it and the digital procedural standards which each of those authorised

e-CODEX access points applies;

(i) responding to requests for technical advice and support from the Commission

services in the context of the preparation of the implementing acts referred to in

Article 6(2);

(j) evaluating the need for, and assessing and preparing, new digital procedural

standards, including by organising and facilitating workshops with the e-CODEX

correspondents;

(k) developing, maintaining and updating the EU e-Justice Core Vocabulary on which

the digital procedural standards are based;

(l) developing and distributing security operating standards, as provided for in

Article 11;

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(m) providing training, including to all relevant stakeholders, on the technical use of the

e-CODEX system in accordance with Regulation (EU) 2018/1726, including

providing online training materials.

2. eu-LISA shall be responsible for the following additional tasks:

(a) providing, operating and maintaining the hardware and software IT infrastructure in

its technical sites necessary for carrying out its tasks;

(b) providing, operating and maintaining a central testing platform, while ensuring the

integrity and availability of the rest of the e-CODEX system;

(c) informing the general public about the e-CODEX system by means of a set of

large-scale communication channels, including websites or social media platforms;

(d) preparing, updating and distributing online non-technical information relating to the

e-CODEX system and the activities it carries out.

3. For the purposes of point (f) of paragraph 1, eu-LISA shall make resources available on an

on-call basis during business hours to provide e-CODEX correspondents with a single

point of contact for technical support, including for the gateway.

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_Article 8_

_Responsibilities of the Member States_

1. Member States shall authorise e-CODEX access points for the connected systems in their

territory in accordance with applicable national and Union law. Member States shall

maintain a list of those authorised e-CODEX access points and of the digital procedural

standards which each authorised e-CODEX access point applies. Member States shall

notify that list and any changes thereto to eu-LISA without delay. Member States shall

supervise their authorised e-CODEX access points, ensuring that the conditions under

which authorisation was granted are continuously met. Member States shall not operate

their authorised e-CODEX access points in third countries.

2. Each Member State shall designate a number of e-CODEX correspondents in proportion to

the number of e-CODEX access points which it has authorised and to the number of digital

procedural standards which those authorised e-CODEX access points apply. Only those

e-CODEX correspondents shall be entitled to request and receive technical support as

referred to in Article 7(1), point (f), under the terms set out in implementing acts adopted

pursuant to Article 6(1), point (b). Each Member State shall notify a list of the e-CODEX

correspondents it has designated and any changes thereto to eu-LISA.

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_Article 9_

_Responsibilities of entities operating authorised e-CODEX access points_

1. An entity operating an authorised e-CODEX access point shall be responsible for setting it

up securely and operating it securely. That responsibility shall include the necessary

adaptations to the connector referred to in Article 5(2), point (b), to make it compatible

with any connected systems.

2. An entity operating an authorised e-CODEX access point shall provide the Member State

which has authorised the e-CODEX access point with the statistical data set out in

Article 15(1) and in the relevant Union legal acts adopted in the area of judicial

cooperation in civil and criminal matters.

3. The responsibility for any damage resulting from the operation of an authorised e-CODEX

access point and any connected systems shall be borne, on the basis of the applicable law,

by the entity operating that authorised e-CODEX access point.

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_Article 10_

_Handover and takeover_

1. The entity managing the e-CODEX system shall, by 31 December 2022, submit a common

handover document to eu-LISA specifying the detailed arrangements for the transfer of the

e-CODEX system, including the criteria for a successful handover process and for the

successful completion of that process and related documentation, as established by the

implementing acts adopted pursuant to Article 6(1), point (c). The handover document

shall also include provisions on intellectual property rights or usage rights relating to the

e-CODEX system and the supporting software products, documentation and other assets

listed in the Annex, enabling eu-LISA to carry out its responsibilities in accordance with

Article 7.

2. Within the six-month period following the delivery of the handover document referred to

in paragraph 1, a handover and takeover process shall take place between the entity

managing the e-CODEX system and eu-LISA. Until the handover, the entity managing the

e-CODEX system shall retain full responsibility for it and shall ensure that no changes to

the e-CODEX system are made and that no new software release is delivered other than for

the purpose of carrying out corrective maintenance of the e-CODEX system.

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3. The Commission shall monitor the handover and takeover process in order to ensure that

the detailed arrangements for the transfer of the e-CODEX system are correctly

implemented by the entity managing the e-CODEX system and by eu-LISA, on the basis

of the criteria referred to in paragraph 1. The Commission shall update the

European Parliament and the Council by 31 July 2023 on the handover and takeover

process.

4. eu-LISA shall take over responsibility for the e-CODEX system on the date on which the

Commission declares the successful completion of the handover and takeover process,

between 1 July 2023 and 31 December 2023, after consulting the entity managing the

e-CODEX system and eu-LISA.

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_Article 11_

_Security_

1. After the successful takeover of the e-CODEX system, eu-LISA shall be responsible for

maintaining a high level of security when carrying out its tasks, including the security of

the hardware and software IT infrastructure referred to in Article 7(2). In particular,

eu-LISA shall establish and maintain an e-CODEX security plan and ensure that the

e-CODEX system is operated in accordance with that security plan, taking into account the

classification of the information processed in the e-CODEX system and eu-LISA’s

information security rules. The security plan shall provide for regular security inspections

and audits, including software security assessments, of the e-CODEX system with the

participation of the entities operating authorised e-CODEX access points.

2. When carrying out its responsibilities, eu-LISA shall implement the principles of security

by design and data protection by design and by default.

3. Entities operating authorised e-CODEX access points shall have the exclusive

responsibility for setting them up securely and operating them securely, including for the

security of data transmitted through them, taking into consideration the technical standards

set out in the implementing acts adopted pursuant to Article 6(1), point (a), and the security

rules and guidance referred to in paragraph 6 of this Article.

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4. Entities operating authorised e-CODEX access points shall notify, without delay, any

security incident to eu-LISA and, in the case of authorised e-CODEX access points

operated by a national public authority or legal person authorised under national law, to the

Member State that maintains the list on which those authorised e-CODEX access points

are listed or, in the case of authorised e-CODEX access points operated by a Union

institution, body, office or agency, to the Commission.

5. Where eu-LISA detects any vulnerabilities or security incidents or on receipt of a

notification of a security incident as provided for in paragraph 4, eu-LISA shall analyse the

security incident and inform the entities operating authorised e-CODEX access points

impacted by it and the e-CODEX Advisory Group without delay.

6. eu-LISA shall develop security rules and guidance regarding authorised e-CODEX access

points. Entities operating authorised e-CODEX access points shall provide eu-LISA with

statements proving their compliance with the security rules regarding authorised e-CODEX

access points. Those statements shall be updated on a yearly basis or whenever a change is

otherwise required.

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_Article 12_

_e-CODEX Advisory Group_

1. As from 1 January 2023, the e-CODEX Advisory Group, established pursuant to

Article 27(1), point (dc), of Regulation (EU) 2018/1726, shall provide eu-LISA with the

necessary expertise related to the e-CODEX system, in particular in the context of the

preparation of its annual work programme and its annual activity report. The e-CODEX

Advisory Group may set up sub-groups, composed of some of its members, for the purpose

of examining specific matters, including specific digital procedural standards.

2. The e-CODEX Advisory Group shall, in particular:

(a) follow up on the state of implementation of the e-CODEX system in the

Member States;

(b) evaluate the need for, and assess and prepare, new digital procedural standards;

(c) promote knowledge sharing;

(d) monitor eu-LISA’s compliance with the service level requirements set out in the

implementing act adopted pursuant to Article 6(1), point (b);

(e) provide an opinion on a draft version of the report referred to in Article 16.

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3. During the handover and takeover process referred to in Article 10, the e-CODEX

Advisory Group shall meet regularly, at least every second month until the handover and

takeover process is successfully completed and at least every six months thereafter.

4. The e-CODEX Advisory Group shall report after each meeting to the e-CODEX

Programme Management Board. The e-CODEX Advisory Group shall provide technical

expertise to support the tasks of the e-CODEX Programme Management Board.

5. The e-CODEX Advisory Group shall involve relevant stakeholders and experts in its work,

including members of the judiciary, legal practitioners and professional organisations,

which are affected by, use, or participate in the e-CODEX system.

_Article 13_

_e-CODEX Programme Management Board_

1. By 1 January 2023, eu-LISA’s Management Board shall establish a permanent e-CODEX

Programme Management Board.

The e-CODEX Programme Management Board shall:

(a) advise eu-LISA’s Management Board on the long-term sustainability of the

e-CODEX system, in particular during the handover and takeover process referred to

in Article 10, with regard to the prioritisation of activities, and other strategic

commitments;

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(b) ensure the adequate management of the e-CODEX system; and

(c) monitor respect for the principle of the independence of the judiciary and prompt

preventive or corrective action, where necessary.

The e-CODEX Programme Management Board shall not have a mandate to represent the

members of eu-LISA’s Management Board.

2. The e-CODEX Programme Management Board shall be composed of the following ten

members:

(a) the chairperson of the e-CODEX Advisory Group referred to in Article 12;

(b) eight members appointed by eu-LISA’s Management Board; and

(c) one member appointed by the Commission.

Each member of the e-CODEX Programme Management Board shall have an alternate.

eu-LISA’s Management Board shall ensure that the members of the e-CODEX Programme

Management Board and the alternates which it appoints have the necessary experience,

including in the field of justice, and expertise regarding the performance of their tasks.

3. The term of office of the members of the e-CODEX Programme Management Board and

their alternates shall be four years and shall be renewable.

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4. eu-LISA shall participate in the work of the e-CODEX Programme Management Board.

To that end, one representative of eu-LISA shall attend the meetings of the e-CODEX

Programme Management Board in order to report on work regarding the e-CODEX system

and on any other related work and activities.

5. The e-CODEX Programme Management Board shall meet at least once every six months

and more often when necessary. The e-CODEX Programme Management Board shall

submit written reports regularly, and at least after every meeting, to eu-LISA’s

Management Board on the status and progress of the e-CODEX system.

6. The e-CODEX Programme Management Board shall establish its rules of procedure,

which shall include, in particular, rules on:

(a) the choice of the chairperson and of the deputy chairperson and their terms of office;

(b) meeting venues;

(c) the preparation of meetings;

(d) the admission of stakeholders and experts to meetings, including members of the

judiciary, legal practitioners, and professional organisations which are affected by,

use, or participate in the e-CODEX system;

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(e) communication plans ensuring that members of eu-LISA’s Management Board who

are not members of the e-CODEX Programme Management Board are kept fully

informed of the work of the e-CODEX Programme Management Board.

7. Article 21(1) of Regulation (EU) 2018/1726 shall apply mutatis mutandis as regards the

chairperson and the deputy chairperson of the e-CODEX Programme Management Board.

8. All travel and subsistence expenses incurred by the members of the e-CODEX Programme

Management Board and their alternates shall be reasonable and proportionate and be paid

by eu-LISA in accordance with its rules of procedure.

9. eu-LISA shall provide the secretariat for the e-CODEX Programme Management Board.

_Article 14_

_Independence of the judiciary_

1. When carrying out their responsibilities under this Regulation, all entities shall respect the

principle of the independence of the judiciary, having regard to the principle of separation

of powers.

2. For that purpose, eu-LISA shall commit the resources provided to it for the e-CODEX

system in their entirety to its operation under this Regulation and shall ensure the

involvement of justice representatives in the management of the e-CODEX system,

pursuant to Articles 12 and 13.

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_Article 15_

_Notifications_

1. By 31 January of every year after eu-LISA successfully takes over responsibility for the

e-CODEX system, Member States shall notify eu-LISA of the following statistical data:

(a) the number of technical messages sent and received through each authorised

e‑ CODEX access point for the connected systems within their territory, grouped by

corresponding authorised e-CODEX access point and digital procedural standard,

unless an equivalent notification procedure applies under another Union legal act;

(b) the number and type of incidents encountered by entities operating authorised

e-CODEX access points for the connected systems within their territory which have

impacted the security of the e-CODEX system, unless an equivalent notification

procedure applies under another Union legal act.

2. By 31 January of every year after eu-LISA successfully takes over responsibility for the

e-CODEX system, the Commission shall notify eu-LISA of the following statistical data:

(a) the number of technical messages sent and received through each authorised

e‑ CODEX access point operated by a Union institution, body, office or agency,

grouped by corresponding authorised e-CODEX access point and digital procedural

standard, unless an equivalent notification procedure applies under another Union

legal act;

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(b) the number and type of incidents encountered by entities operating authorised

e-CODEX access points, where those entities are Union institutions, bodies, offices

and agencies, which have impacted the security of the e-CODEX system, unless an

equivalent notification procedure applies under another Union legal act.

3. Notifications under paragraphs 1 and 2 of this Article shall confirm whether the lists of

authorised e-CODEX access points and digital procedural standards referred to in

Article 6(4) and Article 8(1) are up to date.

_Article 16_

_Monitoring and reporting_

1. Two years after it takes over responsibility for the e-CODEX system, and every two years

thereafter, eu-LISA shall submit a report to the Commission on the technical functioning

and use of the e-CODEX system, including the security of the e-CODEX system.

2. eu-LISA shall consolidate the data received from the Commission and the Member States

pursuant to Article 6(4), Article 8(1) and Article 15 and provide the following indicators as

part of the report provided for in paragraph 1 of this Article:

(a) the list and number of digital procedural standards for which the e-CODEX system

has been used during the reporting period;

(b) the number of authorised e-CODEX access points for each Member State and for

each digital procedural standard;

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(c) the number of technical messages sent through the e-CODEX system for each digital

procedural standard between each of the authorised e-CODEX access points;

(d) the number and type of incidents impacting the security of the e-CODEX system and

information on compliance with the e-CODEX security plan.

3. Three years after eu-LISA takes over responsibility for the e‑ CODEX system, and every

four years thereafter, the Commission shall produce an overall evaluation of the e-CODEX

system. That overall evaluation shall include an assessment of the application of this

Regulation and an examination of results achieved against objectives pursued and may

propose possible future actions. When producing its evaluations, the Commission shall

also re-examine the role of the e-CODEX Programme Management Board and its

continuation based on objective grounds and, if necessary, shall propose improvements.

The Commission shall transmit the overall evaluation to the European Parliament and to

the Council.

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_Article 17_

_Cooperation with international organisations_

1. eu-LISA may conclude working arrangements with international organisations or their

subordinate bodies, governed by public international law, or other relevant entities or

bodies, which are set up by, or on the basis of, an agreement between two or more

countries, in order to allow them to request and receive technical support when using the

e-CODEX system. Those working arrangements shall be concluded in accordance with

Article 43 of Regulation (EU) 2018/1726.

2. The working arrangements referred to in paragraph 1 of this Article may allow for the

designation of one natural person per international organisation, body or entity to serve as

a correspondent who shall be entitled to request and receive technical support as referred to

in Article 7(1), point (f), under the terms set out in the implementing acts adopted pursuant

to Article 6(1), point (b), provided that such technical support does not affect the costs

referred to in Article 20(1).

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## **Chapter 3** **Amending provisions**

_Article 18_

_Amendments to Regulation (EU) 2018/1726_

Regulation (EU) 2018/1726 is amended as follows:

(1) Article 1 is amended as follows:

(a) the following paragraph is inserted:

“4a. The Agency shall be responsible for the development and operational

management, including technical evolutions, of the computerised system for

the cross-border electronic exchange of data in the area of judicial cooperation

                                  in civil and criminal matters (the ‘e CODEX system’).”;

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(b) paragraph 5 is replaced by the following:

“5. The Agency may be made responsible for the preparation, development or

operational management of large-scale IT systems in the area of freedom,

security and justice other than those referred to in paragraphs 3, 4 and 4a of this

Article, including existing systems, only if so provided by relevant Union legal

acts governing those systems, based on Articles 67 to 89 TFEU, taking into

account, where appropriate, the developments in research referred to in

Article 14 of this Regulation and the results of pilot projects and proofs of

concept referred to in Article 15 of this Regulation.”;

(2) the following article is inserted:

“ _Article 8b_

_Tasks related to the e-CODEX system_

In relation to the e-CODEX system, the Agency shall perform:

(a) the tasks conferred on it by Regulation (EU) .../... of the European Parliament and of

the Council **[*]** [] ;

 OJ: please insert in the text the number of this Regulation and insert the number, date and
OJ reference of this Regulation in the footnote.

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(b) tasks relating to training on the technical use of the e-CODEX system, including the

provision of online training materials.

______________

*****
Regulation (EU) …/… of the European Parliament and of the Council of ... on a
computerised system for the cross-border electronic exchange of data in the area of
judicial cooperation in civil and criminal matters (e-CODEX system), and amending
Regulation (EU) 2018/1726 (OJ L …).”;

(3) in Article 14, paragraph 1 is replaced by the following:

“1. The Agency shall monitor developments in research relevant for the operational

management of SIS II, VIS, Eurodac, the EES, ETIAS, DubliNet, ECRIS-TCN, the

e-CODEX system and other large-scale IT systems as referred to in Article 1(5).”;

(4) in Article 17, paragraph 3, the following subparagraph is inserted after the

second subparagraph:

“The tasks relating to the development and operational management of the e-CODEX

system referred to in Article 1(4a) and Article 8b shall be carried out in Tallinn, Estonia.”;

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(5) in Article 19, paragraph 1 is amended as follows:

(a) point (ff) is replaced by the following:

“(ff) adopt reports on the technical functioning of the following:

(i) SIS pursuant to Article 60(7) of Regulation (EU) 2018/1861 of the

European Parliament and of the Council **[*]** and Article 74(8) of Regulation

(EU) 2018/1862 of the European Parliament and of the Council **[**]** ;

(ii) VIS pursuant to Article 50(3) of Regulation (EC) No 767/2008 and

Article 17(3) of Decision 2008/633/JHA;

(iii) EES pursuant to Article 72(4) of Regulation (EU) 2017/2226;

(iv) ETIAS pursuant to Article 92(4) of Regulation (EU) 2018/1240;

(v) ECRIS-TCN and the ECRIS reference implementation pursuant to

Article 36(8) of Regulation (EU) 2019/816;

(vi) the interoperability components pursuant to Article 78(3) of Regulation

(EU) 2019/817 and Article 74(3) of Regulation (EU) 2019/818;

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‑
(vii) the e CODEX system pursuant to Article 16(1) of Regulation

(EU) …/… [] ;

______________

***** Regulation (EU) 2018/1861 of the European Parliament and of the
Council of 28 November 2018 on the establishment, operation and use of
the Schengen Information System (SIS) in the field of border checks, and
amending the Convention implementing the Schengen Agreement, and
amending and repealing Regulation (EC) No 1987/2006 (OJ L 312,
7.12.2018, p. 14).
****** Regulation (EU) 2018/1862 of the European Parliament and of the
Council of 28 November 2018 on the establishment, operation and use of
the Schengen Information System (SIS) in the field of police cooperation
and judicial cooperation in criminal matters, amending and repealing
Council Decision 2007/533/JHA, and repealing Regulation (EC)
No 1986/2006 of the European Parliament and of the Council and
Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).”;

(b) point (mm) is replaced by the following:

“(mm) ensure annual publication of the following:

(i) the list of competent authorities authorised to search directly the data

contained in SIS pursuant to Article 41(8) of Regulation (EU) 2018/1861

and Article 56(7) of Regulation (EU) 2018/1862, together with the list of

Offices of the national systems of SIS (N.SIS) and SIRENE Bureaux

pursuant to Article 7(3) of Regulation (EU) 2018/1861 and Article 7(3)

of Regulation (EU) 2018/1862, respectively;

 OJ: Please insert in the text the number of this Regulation.

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(ii) the list of competent authorities pursuant to Article 65(2) of Regulation

(EU) 2017/2226;

(iii) the list of competent authorities pursuant to Article 87(2) of Regulation

(EU) 2018/1240;

(iv) the list of central authorities pursuant to Article 34(2) of Regulation

(EU) 2019/816;

(v) the list of authorities pursuant to Article 71(1) of Regulation

(EU) 2019/817 and Article 67(1) of Regulation (EU) 2019/818;

(vi) the list of authorised e-CODEX access points pursuant to Article 7(1),

point (h), of Regulation (EU) …/… [] ;”;

(6) in Article 27(1), the following point is inserted:

“(dc) e-CODEX Advisory Group;”.

 OJ: Please insert in the text the number of this Regulation.

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## **Chapter 4** **Final provisions**

_Article 19_

_Committee procedure_

1. The Commission shall be assisted by a committee. That committee shall be a committee

within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011

shall apply.

_Article 20_

_Costs_

1. The costs incurred in the performance of the tasks referred to in Article 7 shall be borne by

the general budget of the Union.

2. The costs for the tasks referred to in Articles 8 and 9 shall be borne by the Member States

or the entities operating authorised e-CODEX access points.

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_Article 21_

_Entry into force_

This Regulation shall enter into force on the twentieth day following that of its publication in the

_Official Journal of the European Union_ .

This Regulation shall be binding in its entirety and directly applicable in the Member States in

accordance with the Treaties.

Done at Brussels,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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**ANNEX**

SOFTWARE PRODUCTS, DOCUMENTATION AND OTHER ASSETS

TO BE HANDED OVER TO EU-LISA UNDER ARTICLE 10

(1) The central testing platform;

(2) The Configuration Management Tool, which is a software product used to assist in the

performance of the task referred to in Article 7(1), point (c);

(3) Metadata Workbench, which is a software product used to assist in the performance of

parts of the tasks referred to in Article 7;

(4) The EU e-Justice Core Vocabulary, which is an asset for reusable semantical terms and

definitions used to ensure data consistency and data quality over time and across use cases;

(5) Architecture documentation, which is documentation used to provide technical and

informative knowledge to relevant stakeholders on the choice of standards with which

other assets of the e-CODEX system must comply.

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# ANNEX EN