Activities of Sergio Gaetano COFFERATI related to 2018/0203(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters PDF (637 KB) DOC (100 KB)
Amendments (21)
Amendment 23 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) For the purposes of this Regulation, the term ‘court’ should be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also other bodies or authorities which are competent under national law to take evidence in accordance with this Regulation, such as, for example, in certain Member States and in specific situations, enforcement authorities or notaries.
Amendment 25 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The decentralised IT system should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA for such a system to be introduced and kept operational, as well as to provide technical support in the event of problems in the operation of the system. The Commission should submit as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e- CODEX).
Amendment 26 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure mutual recognition of digital evidence such evidence taken in a Member State in accordance with its law should not be denied recognition as evidence in other Member States only because of its digital nature. This is without prejudice to the determination, in accordance with national law, of the quality and the value of the evidence, regardless of its digital or non-digital nature.
Amendment 31 #
Proposal for a regulation
Recital 6
Recital 6
(6) Modern communications technology, in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence, is currently not used to its full potential. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert, the court should take that evidence directly via videoconference, if available to the respective courts, where it deems the use of such technology appropriate on account of the specific circumstances of the case and, where required by national law of the requested Member State, subject to the consent of the person to be heard..
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to facilitate the taking of evidence by diplomatic officers or consular agents, such persons may, in the territory of another Member State and within the area where they exercise their functions, take evidence without the need for a prior request by hearing nationals of the Member State which they represent without compulsion in the context of proceedings pending in the courts of the Member State which they represent. In these cases, the taking of evidence should be performed under the supervision of the requesting court, in accordance with its national law.
Amendment 36 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to ensure that this Regulation is applied in compliance with Union data protection law and respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC. Personal data under this Regulation should be processed only for the specific purposes set out in this Regulation.
Amendment 40 #
Proposal for a regulation
Recital 11 – introductory part
Recital 11 – introductory part
(11) In order to define the detailed arrangements for the functioning of the decentralised IT system and in order to establish the minimum standards and requirements for the use of videoconference, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. Such delegated acts should guarantee effective, reliable and smooth transmission of the relevant information through the decentralised IT system, and should ensure, inter alia, that the videoconferencing session is as close as possible to the usual practice in any court where evidence is taken in open court and that professional secrecy and legal professional privilege are safeguarded. Furthermore, in order to update the standard forms in the Annexes or to make technical changes to those forms, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Requests and communications pursuant to this Regulation shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure and reliable cross-border exchange of information between the national IT systems. Such decentralised IT system shall be based on e-CODEX.
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The general legal framework for the use of qualified trust services set out in Council Regulation (EU) No 910/201420 shall apply to the requests and communications transmitted through the decentralised IT system referred to in paragraph 1. _________________ 20 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to establish the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive (EC) 2002/58.
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Amendment 57 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 1
Article 17a – paragraph 1
1. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference, if available to the respective courts, where it deems the use of such technology appropriate on account of the specific circumstances of the case and, where required by national law of the requested Member State, subject to the consent of the person to be heard.
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Where a request for direct taking of evidence via videoconference is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference, which shall be in line with the minimum standards and requirements for the use of videoconference, defined in accordance with paragraph 3a.
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 3 – point a
Article 17a – paragraph 3 – point a
(a) the central body or the competent authority referred to in Article 3(3) in the requested Member State mayshall assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State;
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 3 a (new)
Article 17a – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to establish the minimum standards and requirements for the use of videoconference. When exercising that power, the Commission shall ensure that the videoconferencing session is as close as possible to the usual practice in any court where evidence is taken in open court, guarantees high quality communication and real time interaction and safeguards professional secrecy and legal professional privilege. The Commission shall also ensure, with regard to the transmission of the information, an high level of security and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive (EC) 2002/58.
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1206/2001
Article 17b
Article 17b
Diplomatic officers or consular agents of a Member State may, in the territory of another Member State and within the area where they exercise their functions, take evidence without the need for a prior request pursuant to Article 17(1), by hearing nationals of the Member State which they represent without compulsion in the context of proceedings pending in the courts of the Member State which they represent. The taking of evidence shall be performed under the supervision of the requesting court, in accordance with its national law.’;
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(3a), in Article 17a(3a) and in Article 19(2) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force period of 5 years from… [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The power to adopt delegate acts referred to in Article 19(2) shall be tacitly extended for periods of an identical duration, unless the European Parliament ofr this Regulation]e Council opposes such extension not later than three months before the end of each period.
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Article 6(3a), in Article 17a(3a) and in Article 19(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Article 6(3a), Article 17a(3a) or Article 19(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1206/2001
Article 22a – paragraph 1
Article 22a – paragraph 1
1. By [twoone years after the date of applicationentry into force] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1206/2001
Article 23 – paragraph 1
Article 23 – paragraph 1
1. No soonlater than [fiveour years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee, accompanied, where appropriate, by a legislative proposal.