[ParlTrack]

Proposal for a regulation
Article 5 – paragraph 7 a (new)

7 a. The issuing authority shall notify the executing authority of the issuing of an European Production Order Certificate if the person whose transactional or content data are being sought is not residing on the territory of the issuing State. The issuing authority shall submit a copy of the European Production order.

2019/12/11
Committee: LIBE

Jeroen LENAERS

Proposal for a regulation
Article 5 – paragraph 7 b (new)

7 b. The issuing authority shall notify the affected authority if it is known to the issuing authority that the affected person whose transactional or content data is being sought is residing neither in the issuing nor in the executing state. The issuing authority shall submit a copy of the European Production Order.

2019/12/11
Committee: LIBE

Jeroen LENAERS

Proposal for a regulation
Article 10 a (new)

Article 10 a Grounds for non-recognition or non- execution 1. Without prejudice to Article 1(2), recognition or execution of the EPOC may be refused by the executing authority, if: (a) the execution of the European Production Order would be contrary to the principle of ne bis in idem; (b) there are substantial grounds to believe that the execution of the European Production Order would be incompatible with Member State's obligations in accordance with Article 6 TEU and the Charter of Fundamental Rights of the European Union; or (c) there is an immunity or a privilege under the law of the executing State, or, where applicable, the affected State; (d) the conditions for issuing a European Production Order, as laid down in Articles 5 and 6 of this Regulation are not fulfilled; (e) the EPOC is incomplete or manifestly incorrect, in form or content, and has not been completed or corrected following the consultations referred to in Article 9(3) and (4) and Article 10(4) and (5) of this Regulation; (f) the execution of the European Production Order would harm essential national security interests, jeopardise the source of the information or involve the use of classified information relating to specific intelligence activities; (g) where the EPOC relates to a criminal offence which is alleged to have been committed wholly or partially on the territory of the executing State, or, where applicable, the affected State; (h) the conduct for which the EPOC has been issued does not constitute an offence under the law of the executing State, unless it concerns an offence listed within the categories of offences set out in Annex IIIa, as indicated by the issuing authority in the EPOC, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years. 2. Where it is clear that the person whose data is sought is residing neither in the issuing State nor in the executing State, and the affected authority believes that one of the grounds listed in Article 10a exists, it shall without delay inform the executing authority, based on a reasoned opinion. The executing authority shall take that reasoned opinion duly into account.

2019/12/11
Committee: LIBE

3 Amendments of Jeroen LENAERS related to 2018/0108(COD)

ParlTrack - 2011-2024