7 Amendments of Emil RADEV related to 2018/0108(COD)
Amendment 276 #
Proposal for a regulation
Recital 7
Recital 7
(7) Network-based services can be provided from anywhere and do not require a physical infrastructure, premises or staff in the relevant country. As a consequence, relevant electronic information serving as evidence is often stored outside of the investigating State or by a service provider established outside of this State. Frequently, there is no other connection between the case under investigation in the State concerned and the State of the place of storage or of the main establishment of the service provider.
Amendment 293 #
Proposal for a regulation
Recital 15
Recital 15
(15) This instrument lays down the rules under which a competent judicial authority in a Member State of the European Union may order a service provider offering services in the Union to produce or preserve electronic evidence through a European Production or Preservation Order. This Regulation is applicable in all cases where the service provider is established or represented in another Member State. For domestic situations where the instruments set out by this Regulation cannot be used, the Regulation should not limit the powers of the national competent authorities already set out by national law to compel service providers established or represented on their territory.
Amendment 384 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) Member States are encouraged, when making a declaration concerning the applicable language regime, to include at least one language from among the official EU languages in addition to their official language(s).
Amendment 560 #
Article 7a Article 7a Notifications 1. In cases where the European Production Order concerns content data, and the issuing authority has reasonable grounds to believe that the person whose data are sought is not residing on its territory, the issuing authority shall submit a copy of the EPOC to the competent authority of the enforcing State at the same time the EPOC is submitted to the addressee in accordance with Article 7. 2. The notified authority may, at the earliest opportunity, inform the issuing authority of any circumstances pursuant to Article 5(7)(b) and shall endeavour to do so within 10 days. The issuing authority shall take these circumstances into account in the same way as if they were provided for under its national law and shall withdraw or adapt the Order where necessary to give effect to these grounds if the data has yet to be provided. In case of withdrawal the issuing authority shall immediately inform the addressee.
Amendment 565 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The EPOC or the EPOC-PR shall be directly transmitted, in a secure and reliable manner, by any means capable of producing a written record under conditions allowing the addressee to establish its authenticity.
Amendment 587 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly, and in a secure and reliable manner enabling its authenticity and integrity to be established, to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
Amendment 701 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The service provider may claim reimbursement of their costs by the issuing State, if this is provided by the national law of the issuing State for domestic orders in similar situations, in accordance with these national provisions. Member States shall inform the Commission on the rules for reimbursement, which the Commission shall make public.