Activities of Baroness Sarah LUDFORD related to 2010/0817(COD)
Plenary speeches (3)
European Investigation Order - European Arrest Warrant (debate)
European Investigation Order - European Arrest Warrant (debate)
European Investigation Order - European Arrest Warrant (debate)
Shadow reports (1)
REPORT on the draft directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters PDF (445 KB) DOC (297 KB)
Amendments (27)
Amendment 82 #
Draft directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'executing authority’' shall mean an authority having competence to recognise or execute an EIO in accordancan EIO and ensure with this Directive. The executing authority shall be an authority competent to undertake the investigative measure mentioned in the EIO in a similar national cass execution in accordance with this Directive.
Amendment 87 #
Draft directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) controlled deliveries as provided for in Article 12 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union.
Amendment 89 #
Draft directive
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
(cb) covert investigations as provided for in Article 14 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union.
Amendment 98 #
Draft directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The EIO set out in the form provided for in Annex A shall be translated by the competent authority of the issuing State into the official language or one of the official languages of the executing State in accordance with Article 5(2).
Amendment 100 #
Draft directive
Article 5 a (new)
Article 5 a (new)
Article 5a These conditions shall be assessed by the issuing authority in each case. Where the executing authority has reasons to believe that: (a) the investigative measure is not proportionate, or (b) it concerns an offence which it might consider being very minor, the executing authority shall consult the issuing authority on the importance to execute the investigative measure in the specific case if such an explanation has not been made in the EIO. After such consultation, the issuing authority may decide to withdraw the EIO.
Amendment 108 #
Draft directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Any supplementary EIO must be certified in accordance with Article 5 and validated in accordance with Article 5a.
Amendment 109 #
Draft directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The issuing authority may request that one or several authorities of the issuing State assist in the execution of the EIO in support to the competent authorities of the executing State. The executing authority shall comply with this request provided that: (a) such participation is not contrary to the fundamdomestic law of the executing State; (aa) such participation does not harm its essential principles of law of the executing State. national security interests; and, (ab) that the participation of the authorities of the issuing state does not place an excessive burden on the resources of the executing State. The authorities of the issuing State present in the executing State shall be bound by the law of the executing State during the execution of the EIO. They shall not have any law enforcement powers in the territory of the executing State.
Amendment 119 #
Draft directive
Article 10 – paragraph 1 – point d a (new)
Article 10 – paragraph 1 – point d a (new)
(da) if the conduct for which the EIO has been issued does not constitute an offence under the law of the executing State and if the investigative measure requested is coercive, including where it would require search or seizure, carrying out bodily examinations, or obtaining from a person bodily material or biometric data such as DNA or fingerprints.
Amendment 132 #
Draft directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
In order to protect legitimate interest, Member States shall ensure that any interested party shall be entitled to legal remedies, which are equivalent to those which would be available in a similar domestic case, to challenge the recognition or the execution of an EIO or the investigative measure in question.
Amendment 137 #
Draft directive
Article 15 – paragraph 2 – point b a (new)
Article 15 – paragraph 2 – point b a (new)
(ba) The issuing authority shall inform the executing authority immediately of any modifications to the EIO or of its expiry or revocation.
Amendment 138 #
Draft directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. Personal data processed when implementing this Directive should be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters1 and with the principles laid down in the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. _______________ 1 OJ L 350, 30.12.2008, p. 60.
Amendment 139 #
Draft directive
Article 18 – paragraph 4 b (new)
Article 18 – paragraph 4 b (new)
4b. Evidence gathered under the EIO may not be for other purposes than the prevention, investigation, detection or prosecution of crime or the enforcement of criminal sanctions and the exercises of the right of defence.
Amendment 140 #
Draft directive
Article 18 – paragraph 4 c (new)
Article 18 – paragraph 4 c (new)
4c. Member States shall provide that their authority controlling the personal data takes all reasonable steps to have transparent and easily accessible policies with regard to the processing of personal data and for the exercise of the data subjects' rights to legal remedies under Article 13.
Amendment 141 #
Draft directive
Article 18 – paragraph 4 d (new)
Article 18 – paragraph 4 d (new)
4d. Member States shall provide that the competent authority adopts policies and implements appropriate measures to ensure that the processing of personal data is performed in compliance with the provisions adopted pursuant to this Directive.
Amendment 145 #
Draft directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An EIO may be issued for the temporary transfer of a person in custody in the executing State in order to have an investigative measure carried outfor the purpose of conducting an investigative measure with a view to collecting evidence in respect of an ongoing case for which his presence on the territory of the issuing State is required, provided that he shall be sent back within the period stipulated by the executing State.
Amendment 146 #
Draft directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Before executing the EIO the person concerned shall be given opportunity to state their opinion to the executing authority on the temporary transfer. Where the executing State considers it necessary in view of the person's age or physical or mental condition, that opportunity shall be given to their legal representative. The opinion of the person shall be taken into account when deciding to execute an EIO.
Amendment 150 #
Draft directive
Article 19 – paragraph 2 – point b a (new)
Article 19 – paragraph 2 – point b a (new)
(ba) the issuing and executing authorities cannot reach an agreement on the arrangements for the temporary transfer.
Amendment 152 #
Draft directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The practical arrangements regarding the temporary transfer of the person and the dates by which he must be transferred from and returned to the territory of the executing State shall be agreed between the Member States concerned. Practical arrangements must ensure that the person is detained in custody arrangements equivalent to the level of security and in accordance with his physical or mental needs as in the issuing state.
Amendment 156 #
Draft directive
Article 19 – paragraph 8
Article 19 – paragraph 8
8. The immunity provided for in paragraph 7 shall cease when the transferred person, having ha, in a case in which the person is not required to be transferred back to the State from which he has been transferred, cease when the transferred person: (a) has remained in the State to which he was transferred for a period of fifteen consecutive days from the date whenon which his presence is no longer required by the judicial authorities andespite having been given the opportunity tof leave, has nevertheless remained in the territory, or having left iting; or (b) having left the State to which he was transferred, has returned there.
Amendment 157 #
Draft directive
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8 a. At the request of the issuing State or the person to be transferred, the executing State shall ensure that, where necessary, the person is assisted by an interpreter and receives translations of any important documents in accordance with Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings1, receives information in accordance with the Directive [...] on the right to information in criminal proceedings2 and receives legal advice in accordance with the national law of the issuing State. _______________ 1 OJ L 280, 26.10.2010, p. 1. 2 OJ L ...
Amendment 158 #
Draft directive
Article 19 – paragraph 9
Article 19 – paragraph 9
9. Costs arising from the transfer sharesulting from the application of this Article shall be borne in accordance with Article Y, except from the costs arising from the transfer of the person between States, which will be borne by the issuing State.
Amendment 161 #
Draft directive
Article 20 – paragraph 2 – point a a (new)
Article 20 – paragraph 2 – point a a (new)
(aa) the transfer is liable to prolong his detention;
Amendment 164 #
Draft directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Paragraphs 3 to 89 of Article 19 are applicable mutatis mutandis to the temporary transfer under this Article.
Amendment 165 #
Draft directive
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 179 #
Draft directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. If a person is in the territory of one Member State and has to be heard as a professional witness or expert by judicialcompetent authorities of another Member State, the issuing authority of the latter Member State may issue an EIO in order to hear a professional witness or expert by telephone conference, as provided for in paragraphs 2 to 4 (...) 4. A telephone conference shall only be used in exceptional circumstances where no other means of taking evidence are available and the evidence is not disputed.
Amendment 190 #
Draft directive
Article 26
Article 26
Amendment 199 #
Draft directive
Article 32 – paragraph 1
Article 32 – paragraph 1
No later than fiveour years after the date of entry into force of this Directive, and at regular intervals thereafter, the Commission shall present to the European Parliament and the Council a report on the application of this Directive, on the basis of both qualitative and quantitative information, including in particular the evaluation of its impact on cooperation in criminal matters, on fundamental rights, the rights of the defence and on data protection requirements. The report shall be accompanied, if necessary, by proposals for amending this Directive.