e-Evidence Regulation Article 28: Monitoring and reporting

1. By 18 August 2026, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation. The monitoring programme shall set out the means by which and the intervals at which the data will be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data.

2. In any event, from 18 August 2026, Member States shall collect from the relevant authorities comprehensive statistics and keep a record of such statistics. The data collected for the preceding calendar year shall be sent to the Commission each year by 31 March, and shall include:

(a) the number of EPOCs and EPOC-PRs issued, by the type of data requested, the addressees and the situation (emergency case or not);

(b) the number of EPOCs issued under emergency case derogations;

(c) the number of fulfilled and non-fulfilled EPOCs and EPOC-PRs, by the type of data requested, the addressees and the situation (emergency case or not);

(d) the number of notifications to enforcing authorities pursuant to Article 8, and the number of EPOCs that were refused, by the type of data requested, the addressees, the situation (emergency case or not) and the ground for refusal raised;

(e) for fulfilled EPOCs, the average period between the moment the EPOC was issued and the moment the data requested were obtained, by the type of data requested, the addressees and the situation (emergency case or not);

(f) for fulfilled EPOC-PRs, the average period between the moment the EPOC-PR was issued and the moment the subsequent request for production was issued, by the type of data requested and the addressees;

(g) the number of European Production Orders or European Preservation Orders transmitted to and received by an enforcing State for enforcement, by the type of data requested, the addressees and the situation (emergency case or not) and the number of such orders fulfilled;

(h) the number of legal remedies used against European Production Orders in the issuing State and in the enforcing State, by the type of data requested;

(i) the number of cases where ex post validation in accordance with Article 4(5) was not granted;

(j) an overview of the costs claimed by service providers in relation to the execution of EPOCs or EPOC-PRs and the costs reimbursed by the issuing authorities.

3. From 18 August 2026, for the data exchanges carried out via the decentralised IT system pursuant to Article 19(1), the statistics referred to in paragraph 2 of this Article may be programmatically collected by national portals. The reference implementation software referred to in Article 22 shall be technically equipped to provide for such functionality.

4. Service providers may collect, keep a record of and publish statistics in accordance with existing data protection principles. If any such statistics are collected for the preceding calendar year, they may be sent to the Commission by 31 March and may, as far as possible, include:

(a) the number of EPOCs and EPOC-PRs received, by the type of data requested, the issuing State and situation (emergency case or not);

(b) the number of fulfilled and non-fulfilled EPOCs and EPOC-PRs, by the type of data requested, the issuing State and the situation (emergency case or not);

(c) for fulfilled EPOCs, the average period needed to provide the requested data from the moment the EPOC was received to the moment the data were provided, by the type of data requested, the issuing State and the situation (emergency case or not);

(d) for fulfilled EPOC-PRs, the average period between the moment the EPOC-PR was issued and the moment the subsequent request for production was issued, by the type of data requested and the issuing State.

5. From 18 August 2027, the Commission shall, by 30 June each year, publish a report containing the data referred to in paragraphs 2 and 3 in a compiled form, subdivided into Member States and type of service provider.