## Policy Analysis Report: Commission Implementing Decision (EU) 2025/919 - Establishing the Taking of Evidence Steering Committee
**1. Executive Summary:**
This report analyzes Commission Implementing Decision (EU) 2025/919 of 19 May 2025, which establishes a steering committee focused on the operation and maintenance of a decentralized IT system for taking evidence in civil or commercial matters. The core purpose of this policy is to ensure the effective functioning of the IT system mandated by Regulation (EU) 2020/1783, facilitating cooperation between Member State courts. Key findings indicate a structured governance approach with clear roles, responsibilities, and transparency measures to oversee the IT system's implementation and ongoing operation.
**2. Introduction:**
This report aims to provide a comprehensive overview of Commission Implementing Decision (EU) 2025/919, based solely on the provided text. It will examine the policy's objectives, background, key provisions, target audience, and expected outcomes.
**3. Policy Overview:**
* This is a **New Policy**.
* **Core Objective(s):** The core objective is to ensure the operation and maintenance of the decentralized IT system for taking evidence in civil and commercial matters, as mandated by Regulation (EU) 2020/1783, ensuring the system meets its intended objectives. This involves collaboration, information exchange, and addressing technical challenges related to the IT system.
**4. Background and Rationale:**
* Since this is a **New Policy**, the likely problem/issue this policy addresses is the need for effective governance and oversight of the decentralized IT system established by Regulation (EU) 2020/1783. The policy recognizes that successful implementation requires coordinated action and expertise from Member States, thus necessitating a steering committee to manage the system's ongoing operation and address arising challenges. The background also mentions the JUDEX system, requiring an effective exchange of information concerning horizontal developments.
**5. Key Provisions / Changes:**
* Since this is a **New Policy**, the following are the main components, rules, and actions mandated:
* **Establishment of Steering Committee:** Article 1 formally establishes the "Taking of Evidence steering committee."
* **Tasks of the Committee:** Article 2 outlines the committee's responsibilities, which include:
* Collaborating with and advising the Commission on the operation and maintenance of the IT system.
* Facilitating the exchange of experience and good practices among Member States.
* Discussing technical matters, risks, challenges, and implementation priorities.
* **Membership:** Article 3 specifies that the committee members shall be authorities competent in the field of taking of evidence in civil and commercial matters for the use of the decentralized IT system at national, regional or local level nominated by Member States. These representatives are expected to provide a high level of expertise.
* **Chair:** Article 4 designates a representative of the Commission as the chair of the committee.
* **Operation:** Article 5 details the operational aspects of the committee, including meeting arrangements (on Commission premises or virtually), secretarial services provided by the Commission, the possibility of public deliberations, and the requirement for meaningful and complete meeting minutes.
* **Subcommittees:** Article 6 allows the committee to establish subcommittees for examining specific questions, which will report back to the main committee.
* **Observers:** Article 7 provides for the possibility of granting observer status to organizations and public entities other than Member States authorities. Observers can participate in discussions but do not have voting rights.
* **Rules of Procedure:** Article 8 mandates that the committee adopts its rules of procedure by a simple majority.
* **Professional Secrecy:** Article 9 imposes obligations of professional secrecy and compliance with security rules regarding Union classified information on committee members, representatives, and observers.
* **Transparency:** Article 10 requires that all relevant documents, including agendas, minutes, and submissions, be made available on a dedicated website, subject to exceptions for the protection of public or private interests.
* **Meeting Expenses:** Article 11 states that participants will not be remunerated for their activities, but travel and subsistence expenses will be reimbursed by the Commission.
**6. Target Audience and Stakeholders:**
The target audience and stakeholders directly affected by this policy include:
* Member States authorities competent in the field of taking of evidence in civil and commercial matters.
* The European Commission, particularly departments involved in justice and digital affairs.
* Organizations and public entities granted observer status.
* Courts and legal professionals involved in cross-border civil and commercial litigation within the EU.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The European Commission is primarily responsible for implementing this decision. The established steering committee, comprising Member State representatives, will play a crucial role in supporting implementation.
* **Timelines/Procedures:** The policy comes into force on the twentieth day following its publication in the Official Journal of the European Union. While specific timelines for committee activities are not explicitly defined, the policy implies an ongoing operational role for the committee, aligning with the operational date of the decentralized IT system (May 1, 2025, as indicated in the "Whereas" clauses of the text).
* The procedures for nominating representatives from member states, adopting the rules of procedure, and establishing subcommittees are described within the document.
**8. Expected Outcomes / Impact of Changes:**
* Since this is a **New Policy**, the likely intended outcomes are:
* Effective operation and maintenance of the decentralized IT system for taking evidence.
* Improved cooperation and communication between Member State courts in civil and commercial matters.
* Enhanced efficiency and security in cross-border legal proceedings.
* Increased transparency and accountability in the operation of the IT system.
**9. Conclusion:**
Commission Implementing Decision (EU) 2025/919 establishes a crucial governance mechanism for the decentralized IT system supporting the taking of evidence in civil and commercial matters across the EU. By creating a steering committee with clear responsibilities, the policy aims to ensure the IT system operates effectively, meets its objectives, and contributes to improved judicial cooperation within the European Union. The policy highlights the importance of coordinated action, expert input, and transparency in the implementation and maintenance of complex cross-border IT systems.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Official Journal of the European Union: The official gazette of the European Union, in which legal acts and other official documents are published.
COMMISSION IMPLEMENTING DECISION EU 2025/919: Commission Implementing Decision EU 2025/919 of 19 May 2025, which is the main subject of the analyzed text.
19 May 2025: Date of the Commission Implementing Decision EU 2025/919.
Taking of Evidence steering committee: Steering committee established by the Commission Implementing Decision EU 2025/919.
EUROPEAN COMMISSION: The executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining its scope and governance.
Regulation EU 2020/1783: Regulation EU 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
European Parliament: The directly elected parliamentary body of the European Union.
Council: Council of the European Union
25 November 2020: Date of Regulation EU 2020/1783 and Regulation EU 2020/1784.
eCODEX: A secure and reliable decentralised IT system.
JUstice Digital EXchange system JUDEX: A larger eCODEX-based decentralised IT system.
Commission Implementing Regulation EU 2022/422: Commission Implementing Regulation EU 2022/422 laying down the technical specifications, measures and other requirements for the implementation of the decentralised IT system referred to in Regulation EU 2020/1783.
1 May 2025: Date the decentralised IT system will become operational.
Regulation EU 2020/1784: Regulation EU 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters service of documents.
Regulation EU 2018/1725: Regulation EU 2018/1725 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data.
Committee on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters: A committee whose opinion was considered in the measures provided for in the decision.
Brussels: The location where the decision was done.
Ursula VON DER LEYEN: The President of the Commission.
Commission Decisions EU, Euratom 2015/443: Commission Decision EU, Euratom 2015/443 of 13 March 2015 on Security in the Commission
Commission Decision EU, Euratom 2015/444: Commission Decision EU, Euratom 2015/444 of 13 March 2015 on the security rules for protecting EU classified information
Regulation EC No 1049/2001: Regulation EC No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents
Official Journal EN
of the European Union L series
2025/919 21.5.2025
COMMISSION IMPLEMENTING DECISION(EU) 2025/919
of 19 May 2025
establishing the Taking of Evidence steering committee
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on
cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of
evidence)(1), and in particular Article 25(1)(e) thereof,
Whereas:
(1) According to Regulation (EU) 2020/1783, all communication and exchange of documents between the courts and
other authorities designated by the Member States under this Regulation are to be, as a rule, carried out through a
secure and reliable decentralised IT system comprising national IT systems that are interconnected and technically
interoperable, for example, and without prejudice to further technological progress, based on e-CODEX. That
decentralised IT system is implemented within a larger e-CODEX-based decentralised IT system referred to as JUstice
Digital EXchange system (JUDEX), requiring an effective exchange of information concerning horizontal
developments.
(2) The technical specifications, measures and other requirements for the implementation of that decentralised IT system
have been laid down in Commission Implementing Regulation (EU) 2022/422(2).
(3) The decentralised IT system will become operational on 1 May 2025.
(4) Regulation (EU) 2020/1783 provides that the Commission is to establish a steering committee comprising
representatives of the Member States to ensure the operation and maintenance of the decentralised IT system in
order to meet the objectives of the Regulation.
(5) The roles and tasks of the steering committees under respectively Regulation (EU) 2020/1783 and Regulation
(EU) 2020/1784 of the European Parliament and of the Council(3)are similar, making it expedient and cost-effective
to hold joint meetings of the steering committees under both Regulations.
(6) Rules on disclosure of information by members of the steering committee and observers should be laid down.
(7) Personal data should be processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of
the Council(4).
(8) The measures provided for in this Decision are in accordance with the opinion of the Committee on cooperation
between the courts of the Member States in the taking of evidence in civil or commercial matters,
(1) OJ L 405, 2.12.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/1783/oj.
(2) Commission Implementing Regulation (EU) 2022/422 of 14 March 2022 laying down the technical specifications, measures and other
requirements for the implementation of the decentralised IT system referred to in Regulation (EU) 2020/1783 of the European
Parliament and of the Council (OJ L 87, 15.3.2022, p. 5, ELI: http://data.europa.eu/eli/reg_impl/2022/422/oj).
(3) Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States
of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40, ELI: http://
data.europa.eu/eli/reg/2020/1784/oj).
(4) 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, ELI: http://data.
europa.eu/eli/reg/2018/1725/oj).
ELI: http://data.europa.eu/eli/dec_impl/2025/919/oj 1/4EN
OJ L, 21.5.2025
HAS ADOPTED THIS DECISION:
Article 1
Establishment of the steering committee
The steering committee within the meaning of Article 25(1)(e) of Regulation (EU) 2020/1783, hereinafter referred to as ‘the
committee’, is hereby established.
Article 2
Tasks
In accordance with Article 25(1)(e) of Regulation (EU) 2020/1783 the committee’s task is to ensure the operation and
maintenance of the decentralised IT system in order to meet the objectives of this Regulation. In particular, it shall:
(a) collaborate with / advise the Commission in relation to the operation and maintenance of the taking of evidence
decentralised IT system according to Regulation (EU) 2020/1783;
(b) bring about an exchange of experience and good practice between Member States’ authorities in the field of taking of
evidence in civil and commercial matters in relation to the operation and maintenance of the taking of evidence
decentralised IT system;
(c) discuss technical matters, risks, and challenges, including implementation priorities, in light of the continued
development and maintenance of the taking of evidence decentralised IT system and its components.
Article 3
Membership
1. Members of the committee shall be Member States’ authorities competent at national, regional or local level in the
field of taking of evidence in civil and commercial matters for the use of the decentralised IT system.
2. Member States’ authorities shall nominate their representatives and shall ensure that they provide a high level of
expertise.
Article 4
Chair
The committee shall be chaired by a representative of the Commission.
Article 5
Operation
1. Meetings of the committee shall, in principle, be held on Commission premises or virtually, depending on the
circumstances.
2. The Commission shall provide secretarial services to the committee. Commission officials from other departments
with an interest in the proceedings may attend meetings of the committee and its sub-committees.
3. The committee may, by a simple majority of its members, decide that deliberations shall be public.
4. Minutes on the discussion on each point on the agenda and on the opinions delivered by the committee shall be
meaningful and complete.
2/4 ELI: http://data.europa.eu/eli/dec_impl/2025/919/ojEN
OJ L, 21.5.2025
Article 6
Sub-committees
The committee may set up sub-committees for the purpose of examining specific questions on the basis of terms of
reference defined by the committee. Sub-committees shall report to the committee. They shall be dissolved as soon as their
mandate is fulfilled.
Article 7
Observers
1. Organisations and public entities other than Member States’ authorities may be granted an observer status by direct
invitation.
2. Organisations and public entities appointed as observers shall nominate their representatives.
3. Observers and their representatives may be permitted by the Chair to take part in the discussions of the committee
and its sub-committees and provide expertise. However, they shall not have voting rights and shall not participate in the
formulation of recommendations or advice of the committee and its sub-committees.
Article 8
Rules of procedure
The committee shall adopt its rules of procedure by a simple majority of its members. Sub-committees shall operate in
compliance with the committee’s rules of procedure.
Article 9
Professional secrecy and handling of classified information
The members of the committee and their representatives, as well as observers, are subject to the obligation of professional
secrecy, laid down in the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding
the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443(5)
and 2015/444(6). Should they fail to respect these obligations, the Commission may take all appropriate measures.
Article 10
Transparency
All relevant documents, including the agendas, the minutes and the participants’ submissions, shall be made available on a
dedicated website. In particular, the agenda and other relevant background documents shall be published in due time ahead
of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is
deemed that disclosure of a document would undermine the protection of a public or private interest as defined in
Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council(7).
(5) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41, ELI:
http://data.europa.eu/eli/dec/2015/443/oj).
(6) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information
(OJ L 72, 17.3.2015, p. 53, ELI: http://data.europa.eu/eli/dec/2015/444/oj).
(7) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43, ELI: http://data.europa.eu/eli/reg/2001/1049/oj).
ELI: http://data.europa.eu/eli/dec_impl/2025/919/oj 3/4EN
OJ L, 21.5.2025
Article 11
Meeting expenses
1. Participants in the activities of the committee and sub-committees shall not be remunerated for those activities.
2. Travel and subsistence expenses incurred by participants in the activities of the committee and sub-committees shall
be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the
Commission and within the limits of the available appropriations allocated to the Commission departments under the
annual procedure for the allocation of resources.
Article 12
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 19 May 2025.
For the Commission
The President
Ursula VON DER LEYEN
4/4 ELI: http://data.europa.eu/eli/dec_impl/2025/919/oj