e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 95


Recital 95

Delegated Acts to Amend the Certificates and Forms Unofficial title


In order to effectively address a possible need for improvements regarding the content of the EPOC and EPOC-PR forms and of the forms to be used for providing information on the impossibility of executing an EPOC or an EPOC-PR, for confirming the issuance of a request for production following a European Preservation Order and for extending the preservation of electronic evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of the amendment of the forms provided for in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (28). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.