(e) confiscation is either not enforceable in the requesting State, or it is still subject to ordinary means of appeal; or
(f) the request relates to a confiscation order resulting from a decision rendered in absentia of the person against whom the order was issued and, in the opinion of the requested State, the proceedings conducted by the requesting State leading to such decision did not satisfy the minimum rights of defence recognised as due to everyone against whom a criminal charge is made.
6. For the purposes of point (f) of paragraph 5 a decision is not considered to have been rendered in absentia if
(a) it has been confirmed or pronounced after opposition by the person concerned; or
(b) it has been rendered on appeal, provided that the appeal was lodged by the person concerned.
7. When considering, for the purposes of point (f) of paragraph 5, whether the minimum rights of defence have been satisfied, the requested State shall take into account the fact that the person concerned has deliberately sought to evade justice or the fact that that person, having had the possibility of lodging a legal remedy against the decision made in absentia, elected not to do so, The same applies where the person concerned, having been duly served with the summons to appear, elected not to do so nor to ask for adjournment.
8. The States shall not invoke bank secrecy as a ground to refiise any cooperation under this Title. Where its domestic law so requires, a requested State may require that a request for cooperation which would involve the lifting of bank secrecy be authorised by a judicial authority acting in relation to criminal offences.
9. The requested State shall not invoke the fact that:
(a) the person under investigation or subject to a confiscation order by the authorities of the requesting State is a legal person as an obstacle to affording any cooperation under this Title;
(b) the natural person against whom an order of confiscation of proceeds has been issued has died or a legal person against whom an order of confiscation of proceeds has been issued has subsequently been dissolved as an obstacle to affording assistance in accordance with point (a) of Article 665(1); or
(c) the person under investigation or subject to a confiscation order by the authorities of the requesting State is mentioned in the request both as the author of the underlying criminal offence and of the offence of money laundering as an obstacle to affording any cooperation under this Title.
Article 671. Consultation and Information
Where there are substantial grounds for believing that the execution of a freezing or confiscation order would entail a real risk for the protection of fundamental rights, the requested State shall, before it decides on the execution of the freezing or confiscation order, consult the requesting State and may require any necessary information to be provided.
Article 672. Postponement
The requested State may postpone action on a request if such action would prejudice investigations or proceedings by its authorities.
Article 673. Partial or Conditional Granting of a Request
Before refusing or postponing cooperation under this Title, the requested State shall, where appropriate after having consulted the requesting State, consider whether the request may be granted partially or subject to such conditions as it deems necessary.
Article 674. Notification of Documents
1. The States shall afford each other the widest measure of mutual assistance in the serving of judicial documents to persons affected by provisional measures and confiscation.
2. Nothing in this Article is intended to interfere with:
(a) the possibility of sending judicial documents, by postal channels, directly to persons abroad; and
(b) the possibility for judicial officers, officials or other competent authorities of the State of origin to effect service of judicial documents directly through the consular authorities of that State or through the judicial authorities, including judicial officers and officials, or other competent authorities of the State of destination.
3. When serving judicial documents to persons abroad affected by provisional measures or confiscation orders issued in the sending State, that State shall indicate what legal remedies are available under its domestic law to such persons.
Article 675. Recognition of Foreign Decisions
1. When dealing with a request for cooperation under Articles 663 to 669 the requested State shall recognise any decision issued by a judicial authority taken in the requesting State regarding rights claimed by third parties.
2. Recognition may be refused if
(a) third parties did not have adequate opportunity to assert their rights;
(b) the decision is incompatible with a decision already taken in the requested State on the same matter;
(c) it is incompatible with the ordre public of the requested State; or
(d) the decision was taken contrary to provisions on exclusive jurisdiction provided for by the domestic lw of the requested State.
Article 676. Authorities
1, Each State shall designate a central authority to be responsible for sending and answering requests made under this Title, the execution of such requests or their transmission to the authorities competent for their execution.
2. The Union may designate a Union body which may, in addition to the competent authorities of the Member States, make and, if appropriate, execute requests under this Title. Any such request is to be treated for the purposes of this Title as a request by a Member State. The Union may also designate that Union body as the central authority responsible for the purpose of sending and answering requests made under this Title by, or to, that body.
Article 677. Direct Communication
1. The central authorities shall communicate directly with one another.
2. Inurgent cases, requests or communications under this Tifle may be sent directly by the judicial authorities of the requesting State to judicial authorities of the requested State. In such cases, a copy shall be sent at the same time to the central authority of the requested State through the central authority of the requesting State.
3. Where a request is made pursuant to paragraph 2 and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and shall directly inform the requesting State that it has done so.
4. Requests or communications under Articles 658 to 662, which do not involve coercive action, may be directly transmitted by the competent authorities of the requesting State to the competent authorities of the requested State.
5. Draft requests or communications under this Title may be sent directly by the judicial authorities of the requesting State to the judicial authorities of the requested State prior to a formal request to ensure that the formal request can be dealt with efficiently upon receipt and that it contains sufficient information and supporting documentation for it to meet the requirements of the law of the requested State.
Article 678. Form of Request and Languages
1. All requests under this Title shall be made in writing. They may be transmitted electronically, or by any other means of telecommunication, provided that the requesting State is prepared, upon request, to produce a written record of such communication and the original at any time.
2. Requests under paragraph 1 shall be made in one of the official languages of the requested State or in any other language notified by or on behalf of the requested State in accordance with paragraph 3.
3. The United Kingdom and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation of the language or languages which, in addition to the official language or languages of that State, may be used for making requests under this Title.
4. Requests under Article 663 for provisional measures shall be made using the prescribed form at Annex 46,
5. Requests under Article 665 for confiscation shall be made using the prescribed form at Annex 46.
6. The Specialised Committee on Law Enforcement and Judicial Cooperation may amend the forms referred to in paragraphs 4 and 5 as may be necessary.
7. The United Kingdom and the Union, acting on behalf of any of its Member States may each notify the Specialised Committee on Law Enforcement and Judicial Cooperation that it requires the translation of any supporting documents into one of the official languages of the requested State or any other language indicated in accordance with paragraph 3 of this Article. In the case of requests pursuant to Article 663(4), such translation of supporting documents may be provided to the requested State within 48 hours affer transmitting the request, without prejudice to the time limits provided for in Article 663(4).
Article 679. Legalisation
Documents transmitted in application of this Title shall be exempt from all legalisation formalities.
Article 680. Content of Request
1. Any request for cooperation under this Title shall specify:
(a) the authority making the request and the authority carrying out the investigations or proceedings;
(b) the object of and the reason for the request;
(c) the matters, including the relevant facts (such as date, place and circumstances of the offence) to which the investigations or proceedings relate, except in the case of a request for notification;
(d) insofar as the cooperation involves coercive action:
(e) the text of the statutory provisions or, where that is not possible, a statement of the relevant applicable law; and
(f) an indication that the measure sought or any other measures having similar effects could be taken in the territory of the requesting State under its own domestic law;
(e) where necessary and in so far as possible:
(i) details of the person or persons concerned, including name, date and place of birth, nationality and location, and, in the case of legal person, its seat; and
(ii) the property in relation to which cooperation is sought, its location, its connection with the person or persons concerned, any connection with the offence, as well as any available information about other persons, interests in the property, and if any particular procedure the requesting State wishes to be followed.
2. A request for provisional measures under Article 663 in relation to seizure of property on which a confiscation order consisting of the requirement to pay a sum of money may be realised shall also indicate a maximum amount for which recovery is sought in that property.
3. In addition to the information referred to in paragraph 1 of this Article, any request under Article 665 shall contain:
(a) in the case of point (a) of Article 665(1):
(i) a certified true copy of the confiscation order made by the court in the requesting State and a statement of the grounds on the basis of which the order was made, if they are not indicated in the order itself;
(ii) an attestation by the competent authority of the requesting State that the confiscation order is enforceable and not subject to ordinary means of appeal;
(iii) information as to the extent to which the enforcement of the order is requested; and
(iv) information as to the necessity of taking any provisional measures;
(b) in the case of point (b) of Article 665(1), a statement of the facts relied upon by the requesting State sufficient to enable the requested State to seek the order under its domestic law;
(c) where third parties have had the opportunity to claim rights, documents demonstrating that this has been the case.
Article 681. Defective Requests
1. If a request does not comply with the provisions of this Title or the information supplied is not sufficient to enable the requested State to deal with the request, that State may ask the requesting State to amend the request or to complete it with additional information.
2. The requested State may set a time limit for the receipt of such amendments or information.
3. Pending receipt of the requested amendments or information in relation to a request under Article 665, the requested State may take any of the measures referred to in Articles 658 to 664.
Article 682. Plurality of Requests
1. Where the requested State receives more than one request under Article 663 or Article 665 in respect of the same person or property, the plurality of requests shall not prevent that State from dealing with the requests involving the taking of provisional measures.
2. In the case of a plurality of requests under Article 665, the requested State shall consider consulting the requesting States.
Article 683. Obligation to Give Reasons
The requested State shall give reasons for any decision to refuse, postpone or make conditional any cooperation under this Title.
Article 684. Information
1. The requested State shall promptly inform the requesting State of
(a) the action initiated on the basis of a request under this Title;
(b) the final result of the action carried out on the basis ofa request under this Title;
(c) a decision to refuse, postpone or make conditional, in whole or in part, any cooperation under this Title;
(d) any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly, and
(e) in the event of provisional measures taken pursuant to a request under Articles 658 to Article 663, such provisions of its domestic law as would automutically lead to the lifting of the provisional measure.
2. The requesting State shall promptly inform the requested State of
(a) any review, decision or any other fact by reason of which the confiscation order ceases to be wholly or partially enforceable; and
(b) any development, factual or legal, by reason of which any action under this Title is no longer justified.
3. Where a State, on the basis of the same confiscation order, requests confiscation in more than one State, it shall inform all States which are affected by the enforcement of the order about the request.
Article 685. Restriction of Use
1. The requested State may make the execution of a request dependent on the condition that the information or evidence obtained is not, without its prior consent, to be used or transmitted by the authorities of the requesting State for investigations or proceedings other than those specified in the request.
2. Without the prior consent of the requested State, information or evidence provided by it under this Title shall not be used or transmitted by the authorities of the requesting State in investigations or proceedings other than those specified in the request.
3. Personal data communicated under this Titlk may be used by the State to which they have been transferred:
(a) for the purposes of proceedings to which this Title applies;
(b) for other judicial and adminstrative proceedings directly related to proceedings referred to in point (a);
(c) for preventing an immediate and serious threat to public security, or
(d) for any other purpose, only with the prior consent of the communicating State, unless the State concerned has obtained the consent of the data subject.
4. This Article shall also apply to personal data not communicated but obtained otherwise under this Title.
5. This Article does not apply to personal data obtained by the United Kingdom or a Member State under this Title and originating from that State.
Article 686. Confidentiality
1. The requesting State may require that the requested State keep confidential the facts and substance of the request, except to the extent necessary to execute the request. Ifthe requested State cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State.
2. The requesting State shall, if not contrary to basic principles of its domestic law and if so requested, keep confidential any evidence and information provided by the requested State, except to the extent that its disclosure is necessary for the investigations or proceedings described in the request.
3. Subject to the provisions of its domestic law, a State which has received spontaneous information under Article 662 shall comply with any requirement of confidentiality as required by the State which supplies the information. If the receiving State cannot comply with such a requirement, it shall promptly inform the transmitting State.
Article 687. Costs
The ordinary costs of complying with a request shall be borne by the requested State. Where costs of a substantial or extraordinary nature are necessary to comply with a request, the requesting and requested States shall consult in order to agree the conditions on which the request is to be executed and how the costs will be borne.
Article 688. Damages
1. Where legal action on liability for damages resulting from an act or omission in relation to cooperation under this Title has been initiated by a person, the States concerned shall consider consulting each other, where appropriate, to determine how to apportion any sum of damages due.
2. A State which has become the subject of litigation for damages shall endeavour to inform the other State of such litigation if that State might have an interest in the case.
Article 689. Legal Remedies
1, Each State shall ensure that persons affected by measures under Articles 663 to 666 have effective legal remedies in order to preserve their rights.
2. The substantive reasons for requested measures under Articles 663 to 666 shall not be challenged before a court in the requested State.
Title XII. OTHER PROVISIONS
Article 690. Notifications
1. By the date of entry into force of this Agreement, the Union and the United Kingdom shall make any of the notifications provided for in Article 602(2), Article 603(2), and Article 611(4) and shall, to the extent it is possible to do so, indicate whether no such notification is to be made.
To the extent that such a notification or indication has not been made in rehtion to a State, at the point in time referred to in the first subparagraph, notifications may be made in relation to that State as soon as possible and at the latest two months after the entry into force of this Agreement.
During that interim period, any State in relation to which no notification provided for in Article 602(2), Article 603(2), or Article 611(4) has been made, and which has not been the subject of an indication that no such notification is to be made, may avail itself of the possibilities provided for in that Article as if such a notification had been made in respect of that State. In the case of Article 603(2), a State may only avail itself of the possibilities provided for in that Article to the extent that to do so is compatible with the criteria for making a notification.
2. The notifications referred to in Article 599(4), Article 605(1), Article 606(2), Article 625(1), Article 626(1), Article 659(4), Article 660(5), Article 661(5), Article 670(2), and Article 678(3) and (7) may be made at any time.
3. The notifications referred to in Article 605(1), Article 606(2) and Article 678(3) and (7) may be modified at any time.
4, The notifications referred to in Article 602(2), Artic 603(2), Article 605(1), Article 611(4), Article 659(4), Artic 660(5), and Article 661(5) may be withdrawn at any time.
5. The Union shall publish information on notifications of the United Kingdom referred to in Article 605(1) in the Official Journal of the European Union.
6. By the date of entry into force of this Agreement, the United Kingdom shall notify the Union of the identity of the following authorities:
(a) the authority responsible for receiving and processing PNR data under Title III;
(b) the authority considered as the competent law enforcement authority for the purposes of Title V and a short description of its competences;
(c) the national contact point designated under Article 568(1);
(d) the authority considered as the competent authority for the purposes of Title VI and a short description of its competences;
(e) the contact point designated under Article 584(1);
(f) the United Kingdom Domestic Correspondent for Terrorism Matters designated under Article 584(2);
(g) the authority competent by virtue of domestic law of the United Kingdom to execute an arrest warrant, as referred to in point (c) of Article 598, and the authority competent by virtue of the domestic law of the United Kingdom to issue an arrest warrant, as referred to in point (d) of Article 598;
(h) the authority designated by the United Kingdom under Article 623(3);
(i) the central authority designated by the United Kingdom under Article 645;
(j) the central authority designated by the United Kingdom under Article 676(1).
The Union shall publish information about the authorities referred to in the first subparagraph in the Official Journal of the European Union.
7. By the date of entry into force of this Agreement, the Union shall, on its behalf or on behalf of its Member States as the case may be, notify the United Kingdom, of the identity of the following authorities:
(a) the Passenger Information Units established or designated by each Member State for the purposes of receiving and processing PNR data under Title III;
(b) the authority competent by virtue of the domestic law of each Member State to execute an arrest warrant, as referred to in point (c) of Article 598, and the authority competent by virtue of the domestic law of each Member State to issue an arrest warrant, as referred to in point (d) of Article 598;
(c) the authority designated for each Member State under Article 623(3);
(d) the Union body referred to in Article 634;
(e) the central authority designated by each Member State under Article 645;
(f) the central authority designated by each Member State under Article 676(1);
(g) any Union body designated under the first sentence of Article 676(2) and whether it is also designated as a central authority under the last sentence of that paragraph.
8. The notifications made under paragraph 6 or 7 may be modified at any time. Such modifications shall be notified to the Specialised Committee on Law Enforcement and Judicial Cooperation.
9. The United Kingdom and the Union may notify more than one authority with respect to points (a), (b), (d), (e), (g), (h), (i) and (j) of paragraph 6 and with respect to paragraph 7 respectively and may limit such notifications for particular purposes only.
10. Where the Union makes the notifications referred to in this Article, it shall indicate to which of its Member States the notification applies or whether it is making the notification on its own behalf.
Article 691. Review and Evaluation
1, This Part shall be jointly reviewed in accordance with Article 776 or at the request of either Party where jointly agreed.
2. The Parties shall decide in advance on how the review is to be conducted and shall communicate to each other the composition of their respective review teams. The review teams shall include persons with appropriate expertise with respect to the sues under review. Subject to applicable laws, all participants in a review shall be required to respect the confidentiality of the discussions and to have appropriate security clearances. For the purposes of such reviews, the United Kingdom and the Union shall make arrangements for appropriate access to relevant documentation, systems and personnel.
3. Without prejudice to paragraph 2, the review shall in particular address the practical implementation, interpretation and development of this Part.
Article 692. Termination
1. Without prejudice to Article 779, each Party may at any moment terminate this Part by written notification through diplomatic channels. In that event, this Part shall cease to be in force on the first day of the ninth month following the date of notification.
2. However, if this Part is terminated on account of the United Kingdom or a Member State having denounced the European Convention on Human Rights or Protocols 1, 6 or 13 thereto, this Part shall cease to be in force as of the date that such denunciation becomes effective or, if the notification of its termination is made after that date, on the fifteenth day following such notification.