#32023R1543R(02)EU corrigendum to electronic evidence orders regulation
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This corrigendum fixes wording and cross-references in the EU regulation on European Production Orders and European Preservation Orders for electronic evidence in criminal cases. It does not create a new compliance regime or change the core rules for service providers, prosecutors, or courts. The corrections mainly narrow emergency wording so that orders can be sent to a specified addressee when a provider’s designated establishment or legal representative has not reacted within the deadlines. It also corrects an article reference in the test for whether a production order is necessary and proportionate.
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Key Changes
- Removes wording that tied emergency routing to failure to designate or appoint a legal representative under Directive (EU) 2023/1544.
- Corrects the cross-reference in Article 5(2) from Article 2(3) to Article 2(2).
- Updates the standard forms in Annexes I and II to match the corrected emergency wording.
Obligations
What this law requires
A European Production Order must be necessary for and proportionate to the purpose of the proceedings referred to in Article 2(2) of Regulation (EU) 2023/1543.
In an emergency case, an order may be addressed to a specified addressee only where the service provider’s designated establishment or legal representative did not react to the EPOC within the deadlines set out in Article 10 of Regulation (EU) 2023/1543.