e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 50


Recital 50

Designated Establishment or Legal Representative as Addressee Unofficial title


European Production Orders and European Preservation Orders should be addressed directly to the designated establishment or to the legal representative, designated or appointed by the service provider pursuant to Directive (EU) 2023/1544 of the European Parliament and of the Council (23). Exceptionally, in emergency cases as defined in this Regulation, where the designated establishment or the legal representative of a service provider does not react to the accompanying European Production Order Certificate (EPOC) or European Preservation Order Certificate (EPOC-PR) within the deadlines, it should be possible to address the EPOC or the EPOC-PR to any other establishment or legal representative of the service provider in the Union alongside or instead of pursuing enforcement of the initial order in accordance with this Regulation. Given those various possible scenarios, the general term ‘addressee’ is used in the provisions of this Regulation.

Corrigendum

Recital 50, second sentence: text shown as corrected by the corrigendum published in OJ L, 2026/90580, 13.7.2026 (ELI), which reads: for ‘Exceptionally, in emergency cases as defined in this Regulation, where the designated establishment or the legal representative of a service provider does not react to the accompanying European Production Order Certificate (EPOC) or European Preservation Order Certificate (EPOC-PR) within the deadlines or has not been designated or appointed within the deadlines set out in Directive (EU) 2023/1544 it should be possible to address …’ read ‘Exceptionally, in emergency cases as defined in this Regulation, where the designated establishment or the legal representative of a service provider does not react to the accompanying European Production Order Certificate (EPOC) or European Preservation Order Certificate (EPOC-PR) within the deadlines, it should be possible to address …’.

Footnotes

  1. (23) Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (see page 181 of this Official Journal).