2018/0108(COD) Electronic evidence regulation: European production and preservation orders for electronic evidence in criminal matters
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
SIPPEL Birgit ( S&D)
|
MELO Nuno ( EPP),
KÖRNER Moritz ( Renew),
LAGODINSKY Sergey ( Verts/ALE),
TARDINO Annalisa ( ID),
JAKI Patryk ( ECR),
ERNST Cornelia ( GUE/NGL)
|
| Former Responsible Committee | LIBE | ||
| Committee Opinion | IMCO | ||
| Former Committee Opinion | IMCO |
Lead committee dossier:
Legal Basis:
TFEU 082-p1
Legal Basis:
TFEU 082-p1Subjects
Events
2023/07/28
Final act published in Official Journal
2023/07/12
CSL - Draft final act
Documents
2023/07/12
CSL - Final act signed
2023/06/27
EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/06/13
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 433 votes to 157, with 34 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council on the proposal for a regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Coherent EU framework for handling electronic evidence
The regulation lays down the rules under which an authority of a Member State, in criminal proceedings, may issue a European Production Order or a European Preservation Order and thereby order a service provider offering services in the Union and established in another Member State, or, if not established, represented by a legal representative in another Member State, to produce or to preserve electronic evidence regardless of the location of the data. This regulation covers the data categories of subscriber data, traffic data and content data.
The issuing of a European Production Order or of a European Preservation Order may also be requested by a suspect or an accused person, or by a lawyer on that person’s behalf within the framework of applicable defence rights in accordance with national criminal procedural law.
The regulation will apply without prejudice to fundamental principles, in particular the freedom of expression and information, including the freedom and pluralism of the media, respect for private and family life, the protection of personal data, as well as the right to effective judicial protection.
European Production Orders and European Preservation Orders may be issued only in the framework and for the purposes of criminal proceedings, and for the execution of a custodial sentence or a detention order of at least four months, following criminal proceedings, imposed by a decision that was not rendered in absentia, in cases where the person convicted absconded from justice.
European production orders and European preservation orders will be addressed directly to a designated establishment or a legal representative of the service provider concerned.
Execution of a European Production Order Certificate (EPOC)
Upon receipt of an EPOC, the addressee will act expeditiously to preserve the data requested. The addressee will ensure that the requested data are transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the end of that 10-day period . In emergency cases, the addressee will transmit the requested data without undue delay, at the latest within eight hours following receipt of the EPOC.
Where a notification to the enforcing authority is required, the enforcing authority may, if it decides to raise a ground for refusal, without delay and at the latest within 96 hours following receipt of the notification, notify the issuing authority and the addressee that it objects to the use of the data. Where a ground for refusal is raised by the enforcing authority, if the data have already been transmitted by the addressee to the issuing authority, the issuing authority will delete or otherwise restrict the use of the data or, in the event that the enforcing authority has specified conditions, the issuing authority will comply with those conditions when using the data.
Execution of a European Preservation Order Certificate (EPOC-PR)
Upon receipt of an EPOC-PR, the addressee will, without undue delay, preserve the data requested. The obligation to preserve the data will cease after 60 days . During that 60-day period, the issuing authority may, using the form, extend the duration of the obligation to preserve the data by an additional 30-day period, where necessary to allow for the issuing of a subsequent request for production. Where the preservation is no longer necessary, the issuing authority will inform the addressee without undue delay and the obligation to preserve on the basis of the relevant European Preservation Order will cease.
Grounds for refusal of European production orders
The Enforcing authority will, when notified, be able to refuse a European production order on the following grounds:
- the data requested are protected by immunities or privileges granted under the law of the enforcing State which prevent the execution or enforcement of the order, or the data requested are covered by rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, which prevent the execution or enforcement of the order;
- in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and in the Charter;
- the execution of the order would be contrary to the principle of ne bis in idem ;
- the conduct for which the order has been issued does not constitute an offence under the law of the enforcing State.
Where the enforcement authority invokes a ground for refusal, it will inform the addressee and the issuing authority.
Members also ensured that authorities requesting sensitive data would, in most cases, be required to inform the authorities of the target country in order to ensure transparency (such as traffic data, except where it is only used for identification purposes, and content data).
User information and confidentiality
The amended text specifies that the issuing authority will, without undue delay, inform the person whose data are being requested about the production of data on the basis of a European Production Order. Any person whose data were requested via a European Production Order should have the right to effective remedies against that order.
Sanctions
Without prejudice to national laws providing for the imposition of criminal penalties, Member States will lay down the rules on pecuniary penalties applicable to infringements of this Regulation and should take all measures necessary to ensure that they are implemented. Pecuniary penalties provided for must be effective, proportionate and dissuasive. Member States will ensure that pecuniary penalties of up to 2 % of the total worldwide annual turnover of the service provider’s preceding financial year can be imposed.
Secure digital communication and data exchange between competent authorities and service providers and between competent authorities
Written communication between competent authorities and designated establishments or legal representatives under this Regulation, including the exchange of forms provided for in this Regulation and the data requested under a European Production Order or a European Preservation Order, will be carried out through a secure and reliable decentralised IT system.
Documents
2023/06/12
EP - Debate in Parliament
Documents
2023/01/30
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2023/01/25
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/01/20
EP - Text agreed during interinstitutional negotiations
Documents
2020/12/16
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2020/12/14
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2020/12/11
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Birgit SIPPEL (S&D, DE) on the proposal for a regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters.
As a reminder, the Commission proposed two instruments, this proposal for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and a proposal for a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal.
Subject matter
The proposed Regulation aims to lay down the rules under which an authority of a Member State, in a criminal proceeding, may order a service provider offering services in the Union and established or, if not established, legally represented in another Member State to produce or preserve electronic information that may serve as evidence, regardless of the location of data.
Authorities of the Member States should not issue domestic orders with extraterritorial effects for the production or preservation of electronic information that could be requested on the basis of this Regulation. The issuing of a European Production or Preservation Order could also be requested on behalf of a suspected or accused person, within the framework of applicable defence rights in accordance with national criminal procedures.
Scope
Members stipulated that this Regulation should apply to Member States and service providers, offering services in one or more Member States bound by this Regulation and established or legally represented in one of these Member States.
This Regulation should not apply to proceedings initiated by the issuing authority for the purpose of providing mutual legal assistance to another Member State or a third country.
Conditions for issuing European Preservation and Production Orders
The European Preservation and Production Orders may be issued if they are necessary and proportionate. They should only be issued if they could have been ordered under the same conditions in a similar domestic case in the issuing State, where there are sufficient reasons to believe that a crime has been committed, where it is grave enough to justify the cross-border preservation of the data and where the requested information is relevant for that investigation.
If the issuing authority has reasons to believe that data requested is protected by immunities and privileges granted under the law of the Member State where the service provider is addressed, or its preservation may impact fundamental interests of that Member State such as national security and defence, the issuing authority should seek clarification before issuing the European Preservation Order, including by consulting the competent authorities of the Member State concerned, either directly or via Eurojust or the European Judicial Network in criminal matters.
Where the issuing authority finds that the requested data is protected by such immunities and privileges or its preservation would impact fundamental interests of the other Member State, the issuing authority should not issue the European Preservation Order.
Common European exchange system
The Commission should establish a common European exchange system with secure channels for the handling of authorised cross-border communication, authentication and transmission of the Orders and of the requested data between the competent authorities and service providers.
Execution of an EPOC for subscriber data and IP addresses for the sole purpose of identifying a person
An EPOC for subscriber data and IP addresses, for the sole purpose of identifying a person, should be addressed directly and simultaneously: (i) to the main establishment of the service provider or, where applicable, where its legal representative is established; and (ii) to the executing authority.
Upon receipt of an EPOC for subscriber data or IP addresses for the sole purpose of identifying a person, the service provider should ensure that the requested data is transmitted to the issuing authority at the latest within 10 days upon receipt of the EPOC and within 16 hours in emergency cases.
Documents
2020/12/07
EP - Vote in committee, 1st reading
2020/12/07
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2019/12/09
EP - Amendments tabled in committee
Documents
2019/12/09
EP - Amendments tabled in committee
Documents
2019/11/06
EDPS - Document attached to the procedure
2019/10/24
EP - Committee draft report
Documents
2019/10/21
EP - Committee referral announced in Parliament, 1st reading
2019/09/04
EP - SIPPEL Birgit (S&D) appointed as rapporteur in LIBE
2018/12/07
CSL - Council Meeting
2018/11/13
DE_BUNDESRAT - Contribution
Documents
2018/10/12
CSL - Debate in Council
Documents
2018/10/12
CSL - Council Meeting
2018/09/12
PT_PARLIAMENT - Contribution
Documents
2018/08/16
CZ_SENATE - Contribution
Documents
2018/07/22
ES_CONGRESS - Contribution
Documents
2018/05/31
EP - Committee referral announced in Parliament, 1st reading
2018/04/18
EC - Document attached to the procedure
Documents
2018/04/18
EC - Document attached to the procedure
Documents
2018/04/17
EC - Legislative proposal published
Details
PURPOSE: to lay down the rules on the European Production and Preservation Orders under which a service provider offering services in the Union may be compelled to produce or preserve electronic evidence.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.
BACKGROUND: social media, webmail, messaging services and applications connect hundreds of millions of users to one another and generate significant benefits. However, they can also be misused as tools to commit crimes , including serious crimes such as terrorist attacks. When that happens, these services and apps are often the only place where investigators can find leads to determine who committed a crime and obtain evidence that can be used in court.
The Council Conclusions of 9 June 2016 underlined the increasing importance of electronic evidence in criminal proceedings, and of protecting cyberspace from abuse and criminal activities for the benefit of economies and societies.
The current EU legal framework consists of Union cooperation instruments in criminal matters, inter alia, the Directive 2014/41/EU regarding the European Investigation Order in criminal matters (EIO Directive), and the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union,
The European Parliament, in its resolution on the fight against cybercrime of 3 October 2017, highlighted the challenges that the currently fragmented legal framework can create for service providers seeking to comply with law enforcement requests and calling on the Commission to put forward a Union legal framework for electronic evidence, including safeguards for the rights and freedoms of all concerned
By introducing European Production Orders and European Preservation Orders, the proposal makes it easier to secure and gather electronic evidence for criminal proceedings stored or held by service providers in another jurisdiction. The new instrument will not replace the EIO for obtaining electronic evidence but provides an additional tool for authorities. There may be situations, for example when several investigative measures need to be carried out in the executing Member State, where the EIO may be the preferred choice for public authorities. Creating a new instrument for electronic evidence is a better alternative than amending the EIO Directive because of the specific challenges inherent in obtaining electronic evidence which do not affect the other investigative measures covered by the EIO Directive.
IMPACT ASSESSMENT: four main policy options were considered besides the baseline scenario of taking no action. The preferred solution is a legislative instrument for a European Production Order and measures to improve access to databases that provide subscriber information.
CONTENT: the proposed Regulation introduces binding European Production and Preservation Orders. Both Orders need to be issued or validated by a judicial authority of a Member State. Such Orders may only be issued if a similar measure is available for the same criminal offence in a comparable domestic situation in the issuing State. Both Orders can be served on providers of electronic communication services, social networks, online marketplaces, other hosting service providers and providers of internet infrastructure such as IP address and domain name registries, or on their legal representatives.
European Production Order : this will allow a judicial authority in one Member State to request electronic data that are necessary as evidence in criminal investigations or criminal proceedings (such as emails, text or messages in apps) directly from a service provider offering services in the Union and established or represented in another Member State, regardless of the location of data.
The proposal introduces mandatory deadlines for addressees. The normal deadline is 10 days, while authorities may set a shorter deadline where justified. Moreover, in emergency cases , defined as a situation where there is an imminent threat to life or physical integrity of a person or to a critical infrastructure, the deadline is 6 hours (as compared to 120 days for the existing European Investigation Order or 10 months for a Mutual Legal Assistance procedure).
European Production Orders to produce transactional or content data (as opposed to subscriber and access data) may only be issued for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 3 years , or for specific cyber-dependent, cyber-enabled or terrorism-related crimes.
European Preservation Order : this will allow a judicial authority in one Member State to oblige a service provider offering services in the Union and established or represented in another Member State to prevent data from being deleted and preserve specific data to enable the authority to request this information later via mutual legal assistance, a European Investigation Order or a European Production Order.
The European Preservation Order only allows preserving data that is already stored at the time of receipt of the Order, not the access to data at a future point in time after the receipt of the Order.
Safeguards: the proposal sets out procedural safeguards as well as rules on data protection. A judicial authority must validate Orders. Personal data covered by this proposal may only be processed in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation) and Regulation (EU) 2016/680 (Data Protection Directive for Police and Criminal Justice Authorities).
For the serving and execution of orders under this instrument, authorities should rely on the legal representative designated by the service providers. The Commission has presented a proposal to ensure that such legal representatives are effectively designated.
Documents
Documents
- Final act published in Official Journal: Regulation 2023/1543
- Final act published in Official Journal: OJ L 191 28.07.2023, p. 0118
- Draft final act: 00004/2023/LEX
- Decision by Parliament, 1st reading: T9-0225/2023
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE740.885
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2023)000664
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)000664
- Text agreed during interinstitutional negotiations: PE740.885
- Committee report tabled for plenary, 1st reading: A9-0256/2020
- Amendments tabled in committee: PE644.802
- Amendments tabled in committee: PE644.870
- Document attached to the procedure: N9-0023/2020
- Document attached to the procedure: OJ C 032 31.01.2020, p. 0011-0013
- Committee draft report: PE642.987
- Contribution: COM(2018)0225
- Debate in Council: 3641
- Contribution: COM(2018)0225
- Contribution: COM(2018)0225
- Contribution: COM(2018)0225
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0118
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0119
- Legislative proposal published: COM(2018)0225
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0118
- Document attached to the procedure: EUR-Lex SWD(2018)0119
- Committee draft report: PE642.987
- Document attached to the procedure: N9-0023/2020 OJ C 032 31.01.2020, p. 0011-0013
- Amendments tabled in committee: PE644.802
- Amendments tabled in committee: PE644.870
- Text agreed during interinstitutional negotiations: PE740.885
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)000664
- Draft final act: 00004/2023/LEX
- Contribution: COM(2018)0225
- Contribution: COM(2018)0225
- Contribution: COM(2018)0225
- Contribution: COM(2018)0225
Activities
Votes
Règlement sur les preuves électroniques: injonctions européennes de production et de conservation de preuves électroniques en matière pénale - A9-0256/2020 - Birgit Sippel - Accord provisoire - Am 2 #
2023/06/13 Outcome: +: 433, -: 157, 0: 34
PPE
NI
The Left| Amendments | Dossier |
| 574 |
2018/0108(COD)
2019/12/11
LIBE
574 amendments...
Amendment 268 #
Proposal for a regulation Recital 2 (2) Measures to obtain and preserve electronic evidence are increasingly important to enable criminal investigations and prosecutions across the Union as well as to prevent the commission of crimes. Effective mechanisms to obtain electronic evidence are
Amendment 269 #
Proposal for a regulation Recital 3 Amendment 270 #
Proposal for a regulation Recital 4 Amendment 271 #
Proposal for a regulation Recital 5 Amendment 272 #
Proposal for a regulation Recital 6 Amendment 273 #
Proposal for a regulation Recital 6 (6) The European Parliament echoed these concerns in its Resolution on the fight against cybercrime of 3 October 201728 , by highlighting the challenges that the currently fragmented legal framework can create for service providers seeking to comply with law enforcement requests and calling on the Commission to put forward a Union legal framework for electronic evidence and to impose an obligation on service providers to respond to law enforcement requests from other Member States, with sufficient safeguards for the
Amendment 274 #
Proposal for a regulation 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.
Amendment 275 #
Proposal for a regulation Recital 7 (7)
Amendment 276 #
Proposal for a regulation 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 277 #
Proposal for a regulation Recital 8 (8)
Amendment 278 #
Proposal for a regulation Recital 8 (8)
Amendment 279 #
Proposal for a regulation Recital 8 (8) Due to this lack of connection, judicial cooperation requests are often addressed to states which are hosts to a large number of service providers, but which have no other relation to the case at hand. Furthermore, the number of requests has multiplied in view of increasingly used networked services that are borderless by nature. As a result, obtaining electronic evidence using judicial cooperation channels often takes a long time
Amendment 280 #
Proposal for a regulation Recital 9 (9) The fragmented legal framework creates challenges for service providers seeking to comply with law enforcement requests. Therefore there is a need to put forward a clearer European legal framework for
Amendment 281 #
Proposal for a regulation Recital 9 (9) The fragmented legal framework creates challenges for law enforcement and judicial authorities, and for service providers seeking to comply with
Amendment 282 #
Proposal for a regulation Recital 9 (9) The fragmented legal framework both across EU Member States as well as between Member States and third countries creates challenges for service providers seeking to comply with law enforcement requests as they are faced with legal uncertainty and, potentially, conflicts of laws. Therefore there is a need to put
Amendment 283 #
Proposal for a regulation Recital 9 a (new) (9 a) The European Investigation Order (EIO), established by Directive 2014/41/EU of the European Parliament and of the Council9aa provides for the acquisition, access and production of evidence in one Member State for criminal investigations and proceedings in another Member State. The procedures and timelines foreseen in the EIO could not be appropriate for electronic evidence, which is more volatile and could more easily and quickly be deleted. This Regulation therefore provides for specific procedures that address the nature of electronic evidence. However, in order to avoid a long-term fragmentation of the Union framework for judicial cooperation in criminal matters, in the mid-term, the Commission should assess and ,if possible, propose legislation that would integrate this Regulation into the framework of the EIO. _________________ 9aaDirective 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, OJ L 130, 1.5.2014, p. 1
Amendment 284 #
Proposal for a regulation Recital 10 (10) Orders under this Regulation should be addressed to the main establishment of the service providers or to legal representatives of service providers designated for that purpose
Amendment 285 #
Proposal for a regulation Recital 10 (10) Orders under this Regulation should be addressed to legal representatives of service providers designated for that purpose
Amendment 286 #
Proposal for a regulation Recital 11 (11) The mechanism of the European Production Order and the European Preservation Order for electronic evidence in criminal matters
Amendment 287 #
Proposal for a regulation Recital 11 a (new) (11 a) The respect for private and family life and the protection of natural persons regarding the processing of personal data are fundamental rights. In accordance with Articles 7 and 8(1) of the Charter and Article 16(1) of the TFEU, everyone has the right to respect for his or her private and family life, home and communications and to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that privacy and personal data are protected and processed only in accordance with Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC.
Amendment 288 #
Proposal for a regulation Recital 11 a (new) (11 a) Where the Parliament, Commission, or Member States have activated the Article 7 mechanism, having determined a breach of Article 2, the Commission should issue a recommendation to Member States to instruct their executing authorities to review EPOC and EPOC-PR requests on the basis of this Regulation, originating in those States in breach, with a higher level of scrutiny and in light of the determination.
Amendment 289 #
Proposal for a regulation Recital 12 (12) This Regulation respects fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. These include the right to liberty and security, the respect for private and family life, the protection of personal data, the freedom to conduct a business, the right to property, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of the legality and proportionality, as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence. In case the issuing Member State has indications that parallel criminal proceedings may be ongoing in another Member State, it shall consult the authorities of this Member State in accordance with Council Framework Decision 2009/948/JHA29 . _________________ 29Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 290 #
Proposal for a regulation Recital 12 (12) This Regulation respects fundamental rights and
Amendment 291 #
Proposal for a regulation Recital 12 (12) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. These include the right to liberty and security of the person, the respect for private and family life, the protection of personal data, the freedom to conduct a business, the right to property, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of the legality and proportionality, as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence. In case the issuing Member State has indications that parallel criminal proceedings may be ongoing in another Member State, it shall consult the authorities of this Member State in accordance with Council Framework Decision 2009/948/JHA29 . _________________ 29Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, p. 42).
Amendment 292 #
Proposal for a regulation Recital 15 (15) This instrument lays down the rules under which a competent judicial authority in the European Union may order a service provider offering services in the Union to produce or preserve electronic evidence
Amendment 293 #
Proposal for a regulation 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 294 #
Proposal for a regulation Recital 16 (16) The service providers most relevant for criminal proceedings are providers of electronic communications services and specific providers of information society services that facilitate interaction between users. Thus, both groups should be covered by this Regulation. Providers of electronic communications services are defined in the
Amendment 295 #
Proposal for a regulation Recital 17 Amendment 296 #
Proposal for a regulation Recital 17 (17) In many cases, data is no longer stored or processed on a user's device but made available on cloud-based infrastructure for access from anywhere. To run those services, service providers do not need to be established or to have servers in a specific jurisdiction.
Amendment 297 #
Proposal for a regulation Recital 18 (18) Providers of internet infrastructure services related to the assignment of names and numbers, such as domain name registrars and registries
Amendment 298 #
Proposal for a regulation Recital 18 (18) Providers of internet infrastructure services related to the assignment of names and numbers, such as domain name registrars and registries and privacy and proxy service providers, or regional internet registries for internet protocol (‘IP’) addresses, are of particular relevance when it comes to the identification of actors behind malicious or compromised web sites. They could hold data that is of particular relevance for criminal proceedings as it c
Amendment 299 #
Proposal for a regulation Recital 19 (19) This Regulation
Amendment 300 #
Proposal for a regulation Recital 19 (19) This Regulation regulates gathering of stored data only, that is, the data held by a service provider at the time of receipt of a European Production or Preservation Order Certificate. It does not stipulate a general data retention obligation, nor does it authorise interception of data or obtaining to data stored at a future point in time from the receipt of a production or preservation order certificate.
Amendment 301 #
Proposal for a regulation Recital 20 (20) The categories of data this Regulation covers include subscriber data,
Amendment 302 #
Proposal for a regulation Recital 20 (20) The categories of data this Regulation covers include subscriber data,
Amendment 303 #
Proposal for a regulation Recital 21 Amendment 304 #
Proposal for a regulation Recital 21 (21) It is appropriate to single out
Amendment 305 #
Proposal for a regulation Recital 21 (21)
Amendment 306 #
Proposal for a regulation Recital 22 Amendment 307 #
Proposal for a regulation Recital 22 (22) Tra
Amendment 308 #
Proposal for a regulation Recital 22 (22) Transactional data, on the other hand, is generally pursued to obtain more privacy-intrusive information
Amendment 309 #
Proposal for a regulation Recital 23 (23) All data categories contain personal data, and are thus covered by the safeguards under the Union data protection acquis, but the intensity of the impact on fundamental rights varies, in particular between subscriber data
Amendment 310 #
Proposal for a regulation Recital 23 (23) All data categories contain personal data, and are thus covered by the safeguards under the Union data protection acquis, but the intensity of the impact on fundamental rights varies, in particular between subscriber data
Amendment 311 #
Proposal for a regulation Recital 23 (23) All data categories contain personal data, and are thus covered by the safeguards under the Union data protection acquis
Amendment 312 #
Proposal for a regulation Recital 24 (24) The European Production Order and the European Preservation Order are investigative measures that should be issued only in the framework of specific criminal proceedings against the specific known or still unknown perpetrators of a concrete criminal offence that has already taken place, after an individual evaluation of the proportionality and necessity in every single case.
Amendment 313 #
Proposal for a regulation Recital 26 (26) This Regulation should apply to service providers offering services in the Union, and the Orders provided for by this Regulation may be issued only for data pertaining to services offered in the Union. Services offered exclusively outside the Union are not in the scope of this Regulation
Amendment 314 #
Proposal for a regulation Recital 27 (27) The determination whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in
Amendment 315 #
Proposal for a regulation Recital 27 (27) The determination whether a service provider offers services in the Union requires an assessment whether the service provider intentionally enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of an online interface as for instance the accessibility of the service provider’s or an intermediary’s website or of an email address and of other contact details in one or more Member States taken in isolation, or the use of a language generally used in the third country where the controller is established, should not be a sufficient condition for the application of this Regulation.
Amendment 316 #
Proposal for a regulation Recital 28 (28) A substantial connection to the Union should also be relevant to determine the ambit of application of the present Regulation. Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union. In the absence of such an establishment, the criterion of a substantial connection should be assessed on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering goods or services. The targeting of activities towards a Member State could also be derived
Amendment 317 #
Proposal for a regulation Recital 28 (28) A substantial connection to the Union should
Amendment 318 #
Proposal for a regulation Recital 29 (29) A European Production Order should only be issued if it is necessary and proportionate taking into account the rights of the suspected and accused persons and the seriousness of the offence. The assessment should take into account whether the Order is limited to what is necessary to achieve the legitimate aim of obtaining the relevant and necessary data to serve as evidence in the individual case only.
Amendment 319 #
Proposal for a regulation Recital 30 (30) When a European Production or Preservation Order is issued, there should always be a judicial authority involved either in the process of issuing or validating the Order. In view of the more sensitive character of tra
Amendment 320 #
Proposal for a regulation Recital 30 (30) When a European Production or Preservation Order is issued, there should always be a judicial authority involved either in the process of issuing or validating the Order. In view of the more sensitive character of tra
Amendment 321 #
Proposal for a regulation Recital 30 (30) When a European Production or Preservation Order is issued, there should always be a judicial authority involved either in the process of issuing or validating the Order. In view of the more sensitive character of transactional and content data, the issuing or validation of European Production Orders for production of these categories requires review by a judge or court. As subscriber and access data are less sensitive, European Production Orders for their disclosure can in addition be issued or validated by competent
Amendment 322 #
Proposal for a regulation Recital 31 (31) For the same reason, a distinction has to be made regarding the material scope of this Regulation: Orders to produce subscriber data
Amendment 323 #
Proposal for a regulation Recital 31 (31) For the same reason, a distinction has to be made regarding the material scope of this Regulation: Orders to produce subscriber data
Amendment 324 #
Proposal for a regulation Recital 31 (31) For the same reason, a distinction has to be made regarding the material
Amendment 325 #
Proposal for a regulation Recital 32 (32) There are specific offences where evidence will typically be available exclusively in electronic form
Amendment 326 #
Proposal for a regulation Recital 32 (32) There are specific offences where evidence will typically be available exclusively in electronic form, which is particularly fleeting in nature. This is the case for cyber-related crimes, even those which might not be considered serious in and of themselves but which may cause extensive or considerable damage, in particular including cases of low individual impact but high volume and overall damage. For most cases where the offence has been committed by means of an information system, applying the same threshold as for other types of offences would predominantly lead to impunity. This justifies the application of the Regulation also for those offences where the penalty frame is less than 3 years of imprisonment.
Amendment 327 #
Proposal for a regulation Recital 33 (33) Additionally, it is necessary to provide that the European Production Order may only be issued
Amendment 328 #
Proposal for a regulation Recital 34 Amendment 329 #
Proposal for a regulation Recital 34 Amendment 330 #
Proposal for a regulation Recital 34 a (new) (34 a) The confidentiality of the ongoing investigation, including the fact that there has been an Order to obtain relevant data, has to be protected in order not to jeopardize its success and to protect other persons involved, especially victims. For this reason, the addressee of the order and the service provider should refrain from informing the person whose data is being sought where necessary and proportionate to protect the fundamental rights and legitimate interests of another person. If the issuing authority expressly allows it, the addressee or service provider should be able to inform the respective person that his or her data is being sought.
Amendment 331 #
Proposal for a regulation Recital 35 (35) Immunities and privileges, which may refer to categories of persons (such as diplomats) or specifically protected relationships (such as lawyer-client privilege), are referred to in other mutual recognition instruments such as the European Investigation Order. Their range and impact differ according to the applicable national law that should be taken into account at the time of issuing the Order, as the issuing authority may only issue the Order if a similar order would be available in a comparable domestic situation.
Amendment 332 #
Proposal for a regulation Recital 35 (35) Immunities and privileges, which may refer to categories of persons (such as diplomats, doctors, journalists, etc.) or specifically protected relationships (such as lawyer-client privilege
Amendment 333 #
Proposal for a regulation Recital 35 (35) Immunities and privileges, which may refer to categories of persons (such as diplomats) or specifically protected relationships (such as lawyer-client privilege), are referred to in other mutual recognition instruments such as the European Investigation Order. The
Amendment 334 #
Proposal for a regulation Recital 36 (36) The European Preservation Order may be issued for any
Amendment 335 #
Proposal for a regulation Recital 36 (36) The European Preservation Order may be issued for any offence. Its aim is to prevent the removal, deletion or alteration of relevant data in situations where it may take more time to obtain the production of this data
Amendment 336 #
Proposal for a regulation Recital 37 (37) European Production and Preservation Orders should be addressed to the
Amendment 337 #
Proposal for a regulation Recital 37 (37) European Production and Preservation Orders should be addressed to the
Amendment 338 #
Proposal for a regulation Recital 37 a (new) (37 a) Where the identity of the person suspected or accused is already known to the issuing authority, and its State of permanent residence is neither the issuing nor the executing state, the European Production Order should also be transmitted simultaneously to the affected authority of the State of permanent residence of that person.
Amendment 339 #
Proposal for a regulation Recital 38 (38) The European Production and European Preservation Orders should be transmitted to the service provider through a European Production Order Certificate (EPOC) or a European Preservation Order Certificate (EPOC-PR), which should be translated
Amendment 340 #
Proposal for a regulation Recital 38 (38) The European Production and European Preservation Orders should be transmitted to the service provider through a European Production Order Certificate (EPOC) or a European Preservation Order Certificate (EPOC-PR), which should be translated. The Certificates should contain the same mandatory information as the Orders
Amendment 341 #
Proposal for a regulation Recital 38 (38) The European Production and European Preservation Orders should be
Amendment 342 #
Proposal for a regulation Recital 39 (39) The competent issuing authority should transmit the EPOC or the EPOC-PR directly to the addressee
Amendment 343 #
Proposal for a regulation Recital 39 a (new) (39 a) Where service providers, Member States or Union bodies have established dedicated platforms or other secure channels for the handling of requests for data by law enforcement and judicial authorities, the issuing authority may also choose to transmit the Certificate via these channels.
Amendment 344 #
Proposal for a regulation Recital 40 (40)
Amendment 345 #
Proposal for a regulation Recital 40 (40) The
Amendment 346 #
Proposal for a regulation Recital 40 a (new) (40 a) In emergency cases, the executing authority should recognise the EPOC, when transmitted in accordance with this Regulation, without any measure or formality being necessary and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing State, within 24 hours upon receipt of the EPOC, while the service provider should preserve the requested data. If the executing authority has not invoked any of the grounds listed in this Regulation within that 24 hours period, the service provider to which the order is addressed should immediately ensure that the requested data is transmitted directly to the issuing authority or to the law enforcement authorities as indicated in the EPOC.
Amendment 347 #
Amendment 348 #
Proposal for a regulation Recital 41 (41) In order to allow service providers to address formal problems, it is necessary to set out a procedure for the communication between the service provider and the issuing judicial authority in cases where the EPOC or EPOC-PR might be
Amendment 349 #
Proposal for a regulation Recital 41 (41) In order to allow service providers to address formal problems, it is necessary to set out a procedure for the communication between the service provider and the issuing judicial authority in cases where the EPOC might be incomplete or contains manifest errors or not enough information to execute the Order. This procedure should exist irrespective of any possible notifications obligation depending on specific situation as this is a problem that mainly occurs for the addressee itself as the service provider will be the best placed to realise whether the information he received are sufficient to comply with the order. Moreover, should the service provider not provide the information in an exhaustive or timely manner for any other reason, for example because it thinks there is a conflict with an obligation under the law of a third country, or because it thinks the European Production Order has not been issued in accordance with the conditions set out by this Regulation, it should go back to the issuing authorities and provide the opportune justifications. The communication procedure thus should broadly allow for the correction or reconsideration of the EPOC by the issuing authority at an early stage. To guarantee the availabilty of the data, the service provider should preserve the data if they can identify the data sought.
Amendment 350 #
Proposal for a regulation Recital 41 a (new) (41 a) Although the added value of this Regulation lies in the fact that the issuing authority can address the service provider without having to go through mutual legal assistance, it is reasonable to notify the enforcing authority of a European Production Order where it concerns transactional or content data, given their high level of sensitivity, and the issuing authority has reasonable grounds to believe that the person whose data is sought is not residing on the territory of the issuing Member State. In such case, the issuing authority should submit a copy of the EPOC to the enforcing authority at the same that the EPOC is submitted to the addressee. In order to ensure the efficiency of the European Production Order, the notification should not have a suspensive effect on the obligations of the addressee to produce the requested data and to send them to the issuing authority. However, the notified authority may raise objections in relation to a limited number of grounds which should be raised as soon as possible but no later than 10 days. If necessary to establish whether one of the grounds exists, the authority should be able to request additional information from the issuing authority, which should be given 10 days to provide information or withdraw the Order. As far as the objection raised concerns regarding immunities and privileges under national law of the enforcing Member State, the issuing authority should be able to request the enforcing authority to request the competent authority to waive these immunities or privileges. When raising an objection, the enforcing Member State should also inform the issuing authority whether it may consequentially not use the data or only use it only under specified conditions. The issuing authority should take this information into account. In cases where the enforcing authority informed the issuing authority that it may not use the data, the latter should make no further use of these data but delete them immediately.
Amendment 351 #
Proposal for a regulation Recital 41 b (new) (41 b) It should be possible to object to an order where its execution in the executing State would involve a breach in the immunity or privilege in that State. There is no common definition of what constitutes an immunity or privilege in Union law. The precise definition of these terms is therefore left to national law, which could include protections which apply to medical and legal professions, but should not be interpreted in a way to counter the obligation to abolish certain grounds for refusal as set out in the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union1a. _________________ 1a Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2).
Amendment 352 #
Proposal for a regulation Recital 42 (42) Upon receipt of a European Preservation Order Certificate (
Amendment 353 #
Proposal for a regulation Recital 42 (42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service provider should preserve requested data for a maximum of
Amendment 354 #
Proposal for a regulation Recital 42 (42) Upon receipt of a European Preservation Order Certificate (
Amendment 355 #
Proposal for a regulation Recital 42 (42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service provider should preserve requested data for a maximum of
Amendment 356 #
Proposal for a regulation Recital 42 (42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service provider should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production, in which case the preservation should be continued. The 60 day period is calculated to allow for the launch of an official request. This requires that at least some formal steps have been taken, for example by sending a mutual legal assistance request to translation. Following receipt of that information, the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production. Only when necessary to allow further assessment of the relevance of the data in ongoing investigations and prevent the issuing of European Production Order for the sake of making sure that potentially relevant data is not lost, before the referred preservation period ends, the issuing authority could send a request to prolong the preservation of data by up to 60 days.
Amendment 357 #
Proposal for a regulation Recital 42 a (new) (42 a) The immunities and privileges of protected professions, such as journalists, medical professionals, legal professionals, and clergical or otherwise protected counsellors, should remain unaffected by this Regulation.
Amendment 358 #
Proposal for a regulation Recital 43 (43)
Amendment 359 #
Proposal for a regulation Recital 43 a (new) (43 a) The data obtained on the basis of this Regulation may be of relevance also for other situations. However, the possibility to make use of the electronic information obtained through a European Production Order in other proceedings and for another purpose than the one for which the Order was issued and its transfer or transmission should be restricted. The use, transmission or transfer of electronic evidence for other purposes than the one for which it was obtained originally should only be possible where the data are needed to prevent an immediate and serious threat to public security of the respective Member State or third country as well as their essential interests. International transfer of electronic evidence is furthermore subject to conditions as set out in Chapter V of Directive (EU) 2016/680. In cases where the obtained personal data is used for the prevention of an immediate and serious threat to public security of the respective Member State or third country as well as their essential interests, and such threat could not lead to criminal investigations, Regulation (EU) 2016/679 should apply.
Amendment 360 #
Proposal for a regulation Recital 43 a (new) (43 a) The data acquired on the basis of this Regulation may be relevant also in other cases. Therefore, the possibility to make use of the electronic information acquired through a European Production Order also in other proceedings and for other purposes different from the one for which the Order was originally issued should be provided. The use, transmission or transfer of electronic evidence acquired for other purposes than the one for which it was originally obtained should only be possible where the data are needed to prevent an immediate and serious threat to public security of a Member State.
Amendment 361 #
Proposal for a regulation Recital 43 b (new) (43 b) When assessing the admissibility of electronic information obtained in accordance with this Regulation, the competent judicial authorities should at any stage of the proceedings take into account the rights of the defence and the fairness of the proceedings.
Amendment 362 #
Proposal for a regulation Recital 43 c (new) (43 c) Electronic information should not be kept for longer than necessary for the investigation or prosecution for which it was produced or preserved and for the accused or suspected person to exercise their rights or for any other compatible purpose, such as another criminal procedure. It should be erased as soon as the criminal proceedings come to a legally binding end and the electronic information is no longer relevant for any other compatible purpose.
Amendment 363 #
Proposal for a regulation Recital 44 (44)
Amendment 364 #
Proposal for a regulation Recital 45 Amendment 365 #
Proposal for a regulation Recital 46 (46)
Amendment 366 #
Proposal for a regulation Recital 47 (47) In addition to the individuals whose data is requested, the service providers and third countries may be affected by the investigative measure. To ensure comity with respect to the sovereign interests of third countries, to protect the individual concerned and to address conflicting obligations on service providers, this instrument provides a specific mechanism for judicial review where
Amendment 367 #
Proposal for a regulation Recital 48 (48) To this end, whenever the
Amendment 368 #
(48)
Amendment 369 #
Proposal for a regulation Recital 48 a (new) (48 a) The issuing authority should withdraw, uphold, or adapt the Order where necessary, within 10 days after receiving the notice, to give effect to these criteria. In the event of withdrawal, the issuing authority should immediately inform the addressees of the withdrawal. Where the issuing authority decides to uphold the Order, it should inform the addressees of its decision. The executing authority, while duly taking into account the decision of the issuing authority, should take a final decision based on the criteria listed in this Regulation, within 10 days of receiving the decision of the issuing authority, and inform the issuing authority, the service provider, and, where applicable, the affected State of its final decision.
Amendment 370 #
Proposal for a regulation Recital 49 (49) In determining the existence of a conflicting obligation in the specific circumstances of the case under examination, the competent court should rely on appropriate external expertise where needed, for example if the review raises questions on the interpretation of the law of the third country concerned. This
Amendment 371 #
Proposal for a regulation Recital 51 Amendment 372 #
Proposal for a regulation Recital 51 Amendment 373 #
Proposal for a regulation Recital 51 (51) Where conflicting obligations exist, the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence.
Amendment 374 #
Proposal for a regulation Recital 51 (51) Where conflicting obligations exist, the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. In carrying out this assessment, the court should take into account whether the third country law, rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence, manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. Where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence, it should consult the third country via its central authorities, which are already in place for mutual legal assistance purposes in most parts of the world. It should set a deadline for the third country to raise objections to the execution of the European Production Order; in case the third country authorities do not respond within the (extended) deadline
Amendment 375 #
Proposal for a regulation Recital 52 Amendment 376 #
Proposal for a regulation Recital 52 Amendment 377 #
Proposal for a regulation Recital 53 Amendment 378 #
Proposal for a regulation Recital 54 (54) It is essential that all persons whose data are requested in criminal investigations or proceedings have access to an effective legal remedy, in line with Article 47 of the Charter
Amendment 379 #
Proposal for a regulation Recital 54 (54) It is essential that all persons whose data are requested in criminal investigations or proceedings have access to an effective legal remedy, in line with Article 47 of the Charter of Fundamental Rights of the European Union. For suspects
Amendment 380 #
Proposal for a regulation Recital 55 Amendment 381 #
Proposal for a regulation Recital 55 (55)
Amendment 382 #
Proposal for a regulation Recital 55 (55) In addition, during the enforcement
Amendment 383 #
Proposal for a regulation Recital 55 (55) In addition, during the enforcement procedure and subsequent legal remedy, the addressee may oppose the enforcement of a European Production or Preservation Order on a number of limited grounds, including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or is manifestly abusive. For example, an Order requesting the production of
Amendment 384 #
Proposal for a regulation 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 385 #
Proposal for a regulation Recital 56 Amendment 386 #
Proposal for a regulation Recital 56 (56) The protection of natural persons for the processing of personal data is a fundamental right. In accordance with Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the TFEU, everyone has the right to the protection of personal data concerning them. When implementing this Regulation, Member States should ensure that personal data are protected and may only be processed in accordance with Regulation (EU) 2016/679
Amendment 387 #
Proposal for a regulation Recital 56 (56) The protection of natural persons for the processing of personal data is a fundamental right. In accordance with Article 8(1) of the Charter
Amendment 388 #
Proposal for a regulation Recital 57 Amendment 389 #
Proposal for a regulation Recital 58 Amendment 390 #
Proposal for a regulation Recital 59 (59) The use of pretranslated and stardardised forms facilitates cooperation and the exchange of information between judicial authorities and service providers, allowing them to secure and transmit electronic evidence more quickly and effectively,
Amendment 391 #
Proposal for a regulation Recital 60 Amendment 392 #
Proposal for a regulation Recital 62 Amendment 393 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down the rules under which an authority of a Member State may order a service provider offering services in the Union and established or, if not established, represented in another Member State, to produce or preserve electronic evidence, regardless of the location of data.
Amendment 394 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down the rules under which an authority of a Member State may order a service provider offering services in the Union, to
Amendment 395 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down the rules under which an authority of a Member State may order a service provider offering services in the Union, to produce or preserve electronic evidence, regardless of the location of data, besides mutual legal assistance procedures or Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. This Regulation is without prejudice to the powers of national authorities to compel service providers established
Amendment 396 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down the rules under which an authority of a Member State may order a service provider offering services in the Union, to produce or preserve electronic
Amendment 397 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1 a. The issuing of a European Production or Preservation Order may also be requested by a suspected or accused person, or by a lawyer on that person’s behalf, within the framework of applicable defence rights in conformity with national criminal procedures.
Amendment 398 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not have the effect of modifying the obligation to
Amendment 399 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in the Charter of Fundamental Rights, and Article 6 of the TEU, including the rights of defence of persons subject to criminal proceedings, and any obligations incumbent on law enforcement or judicial authorities in this respect shall remain unaffected.
Amendment 400 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘European Production Order’ means a binding decision
Amendment 401 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘European Production Order’ means a
Amendment 402 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘European Preservation Order' means a binding decision
Amendment 403 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘European Preservation Order' means a
Amendment 404 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services and acts as a data controller within the meaning of Regulation (EU) 2016/679:
Amendment 405 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) ‘service provider’ means any natural or legal person - in particular, data controller within the meaning of Regulation (EU) 2016/679 - that provides one or more of the following categories of services:
Amendment 406 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – introductory part (3) ‘service provider’ means any natural or legal person that provides
Amendment 407 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point b (b) information society services as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council44 for which the storage of data is a defining component of the service provided to the user
Amendment 408 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c (c) internet domain name and IP numbering services such as IP address providers, domain name registries
Amendment 409 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c (c) internet domain name and IP numbering services such as IP address providers, domain name registries, domain name registrars, and related
Amendment 410 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c (c) services related to the provision of internet domain name and IP numbering services such as IP address providers, domain name registries, domain name registrars and related privacy and proxy services;
Amendment 411 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 – point c (c) services related to the provision of internet domain name and IP numbering services such as IP address providers, domain name registries, domain name registrars
Amendment 412 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – introductory part (4) ‘offering services in the Union’ means
Amendment 413 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – introductory part (4) ‘offering services in the Union’ means
Amendment 414 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a Amendment 415 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a (a) e
Amendment 416 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point a a (new) (a a) a significant number of users in one or more Member State(s);
Amendment 417 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point b Amendment 418 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point b (b) having a substantial connection to the Member State(s) referred to in point (a); such a substantial connection to the Member State(s) is considered to exist where the service provider has an establishment in the Union; in the absence of such establishment, substantial connection is identified on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States which can be determined on the basis of all relevant circumstances such as, among others, the use of a language or currency used in that Member State or the availability of an 'app' in the relevant national app store; a substantial connection is also to be assumed where a service provider directs its activities towards one or more Member States as set out in Article 17(1)(c) of Regulation 1215/2012;
Amendment 419 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point b (b)
Amendment 420 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘main establishment’ means
Amendment 421 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 (5)
Amendment 422 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the
Amendment 423 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘electronic evidence’ means
Amendment 424 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘electronic evidence’ means
Amendment 425 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘electronic
Amendment 426 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 (6) ‘electronic
Amendment 427 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – introductory part (7) ‘subscriber data’ means any data pertaining to
Amendment 428 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – introductory part (7) ‘subscriber data’ means any data collected in the normal course of business pertaining to:
Amendment 429 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point a Amendment 430 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point a (a) the identity of a subscriber or customer such as the provided name, date of birth, postal or geographic address, billing and payment data, telephone,
Amendment 431 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point b Amendment 432 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point b Amendment 433 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point b (b) the type of service
Amendment 434 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point b (b) the type of service and
Amendment 435 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘
Amendment 436 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘access data’ means
Amendment 437 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘access data’ means
Amendment 438 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘access data’ means data related to the commencement and termination of a user access session to a service, which is strictly necessary for the sole purpose of identifying the user of the service, such as the date and time of use, or the log-in to and log-off from the service, together with the IP address allocated by the internet access service provider to the user of a service, data identifying the interface used and the user ID. This includes electronic communications metadata as defined in point (g) of Article 4(3) of [Regulation concerning the respect for private life and the protection of personal data in electronic communications];
Amendment 439 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) (8 a) the commencement and termination of a user access session to a service, which is strictly necessary for the sole purpose of identifying the user of the service, such as the date and time of use, or the log-in to and log-off from the service, as well as the IP address used;
Amendment 440 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 b (new) (8 b) electronic communications metadata as processed in an electronic communications network for the purposes of transmitting, distributing or exchanging electronic communications content;
Amendment 441 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 Amendment 442 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘transactional data’ means data related to the
Amendment 443 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider, such as the source and destination of a message or another type of interaction, data on the location of the device, date, time, duration, size, route, format, the protocol used and the type of compression, unless such data constitutes access data. This includes electronic communications metadata as defined in point (g) of Article 4(3) of [Regulation concerning the respect for private life and the protection of personal data in electronic communications];
Amendment 444 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that
Amendment 445 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘content data’ means
Amendment 446 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘content data’ means any data stored
Amendment 447 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘content data’ means any stored data in a digital format such as text, voice, videos, images, and sound other than subscriber
Amendment 448 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘content data’ means any stored data related to the services provided by service providers in a digital format such as text, voice, videos, images, and sound other than subscriber, access or transactional data;
Amendment 449 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 a (new) (12 a) 'issuing authority' means the competent authority in the issuing state;
Amendment 450 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘e
Amendment 451 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 Amendment 452 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 (13) ‘enforcing State’ means the Member State in which the addressee of the European Production Order or the European Preservation Order resides or is established and to which the European Production Order and the European Production Order Certificate or the European Preservation Order and the European Preservation Order Certificate
Amendment 453 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 – point a (new) a) in which the electronic information is stored by the service provider; or, where there is no such storage in the Member States participating,
Amendment 454 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 – point b (new) b) in which the service provider has its main establishment in the Union among the Member States participating; or, where this is not the case,
Amendment 455 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 – point c (new) c) in which the service provider is established in the Union among the Member States participating; or, where this is not the case,
Amendment 456 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 – point d (new) d) in which the legal representative of the service provider is established;
Amendment 457 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘e
Amendment 458 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 (14) ‘enforcing authority’ means the competent authority in the enforcing State to which the European Production Order and the European Production Order Certificate or the European Preservation Order and the European Preservation Order Certificate
Amendment 459 #
(14 a) 'affected State' can mean both the Member State of permanent residence of the affected person or of the person bound by an obligation of professional secrecy or lawyer-client privilege, as soon as the identity of that person is already known to the issuing authority and where the State of permanent residence of the person or the person bound by an obligation of professional secrecy or lawyer-client privilege is neither the issuing nor the executing State;
Amendment 460 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) ‘emergency cases’ means situations where there is an imminent threat to life or physical integrity of a person
Amendment 461 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1 a. This Regulation shall not apply to proceedings initiated by the issuing authority for the purpose of providing mutual legal assistance to another Member State or a third country.
Amendment 462 #
Proposal for a regulation Article 3 – paragraph 2 2. The European Production Orders and European Pr
Amendment 463 #
Proposal for a regulation Article 3 – paragraph 2 2. The European Production Orders and European Pr
Amendment 464 #
Proposal for a regulation Article 3 – paragraph 2 2. The European Production Orders and European Pr
Amendment 465 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2 a. Electronic evidence shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 466 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. The Orders provided for by this Regulation shall not be issued to obtain data protected under the law of a Member State by immunities and privileges. Such protected data, which was unintentionally obtained through the Orders provided for by this Regulation, shall not be admissible as evidence.
Amendment 467 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or Article 7(2) of the Treaty on the European Union wishing to use EPOC and EPOC-PR, can only do so via Europol, which will assess the request before it can be addressed to the service provider.
Amendment 468 #
Proposal for a regulation Article 3 – paragraph 3 b (new) 3 b. Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union may issue European Preservation Orders and may not issue European Production Orders.
Amendment 469 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. A European Production Order for obtaining subscriber data and access data may be issued by:
Amendment 470 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. A European Production Order for subscriber data
Amendment 471 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. A European Production Order for subscriber data
Amendment 472 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) a judge, a court, an investigating judge or prosecutor as defined in national law and competent in the case concerned; or
Amendment 473 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) a judge, a court, an investigating judge or prosecutor competent in the case concerned
Amendment 474 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) an impartial judge,
Amendment 475 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) any other competent authority as defined by the issuing State which, in the specific case, is acting in its capacity as an
Amendment 476 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 (new) Where provided for by national law, the execution of the order may require the procedural involvement of a court in the executing State.
Amendment 477 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. A European Production Order for tra
Amendment 478 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. A European Production Order for
Amendment 479 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. A European Production Order for
Amendment 480 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) a judge, a court or an investigating judge competent in the case concerned
Amendment 481 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) an impartial judge,
Amendment 482 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3.
Amendment 483 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) a judge, a court, an investigating judge or prosecutor as defined in national law and competent in the case concerned; or
Amendment 484 #
Proposal for a regulation Article 4 – paragraph 3 – point a (a) an impartial judge,
Amendment 485 #
Proposal for a regulation Article 4 – paragraph 3 – point b (b) any other competent authority as defined by the issuing State which, in the specific case, is acting in its capacity as an
Amendment 486 #
Proposal for a regulation Article 4 – paragraph 3 – subparagraph 1 (new) Where provided by national law, the execution of the order may require the procedural involvement of a court in the executing state.
Amendment 487 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 488 #
Proposal for a regulation Article 5 – paragraph 2 2. The European Production Order shall be necessary and proportionate for the purpose of the proceedings referred to in Article 3 (2), and
Amendment 489 #
Proposal for a regulation Article 5 – paragraph 2 2. The European Production Order shall be
Amendment 490 #
Proposal for a regulation Article 5 – paragraph 3 3. European Production Orders to produce subscriber data or access data for the sole purpose of determining the identity of individual persons with a direct link to the proceedings referred to in Article 3 (2) may be issued for all criminal offences.
Amendment 491 #
Proposal for a regulation Article 5 – paragraph 3 3. European Production Orders to produce subscriber data or access data that is necessary for the sole purpose of identifying a user may be issued for all criminal offences.
Amendment 492 #
Proposal for a regulation Article 5 – paragraph 3 3. European Production Orders to produce subscriber data
Amendment 493 #
Proposal for a regulation Article 5 – paragraph 3 3. Without prejudice to paragraph 2, European Production Orders to produce subscriber data
Amendment 494 #
Proposal for a regulation Article 5 – paragraph 3 3. European Production Orders
Amendment 495 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. European Production Orders to produce tra
Amendment 496 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. Without prejudice to paragraph 2, European Production Orders to produce tra
Amendment 497 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. European Production Orders to produce tra
Amendment 498 #
Proposal for a regulation Article 5 – paragraph 4 – point -a (new) -a for all criminal offences where this measure is provided for under the respective national law of the issuing state and the person whose data is sought is residing in the issuing Member State;
Amendment 499 #
Proposal for a regulation Article 5 – paragraph 4 – introductory part 4. European Production Orders to produce subscriber data, access data, transactional data or content data
Amendment 500 #
Proposal for a regulation Article 5 – paragraph 4 – point a Amendment 501 #
Proposal for a regulation Article 5 – paragraph 4 – point a (a) for criminal offences punishable in the issuing and executing State by a custodial sentence of a maximum of at least
Amendment 502 #
Proposal for a regulation Article 5 – paragraph 4 – point a (a) for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least
Amendment 503 #
Proposal for a regulation Article 5 – paragraph 4 – point a (a) for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least
Amendment 504 #
Proposal for a regulation Article 5 – paragraph 4 – point a (a) for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least
Amendment 505 #
Proposal for a regulation Article 5 – paragraph 4 – point a (a) in all other situations for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 3 years, or
Amendment 506 #
Proposal for a regulation Article 5 – paragraph 4 – point b Amendment 507 #
Proposal for a regulation Article 5 – paragraph 4 – point b – indent 3 a (new) - the possibility to provide evidence in relation to each offence, as well as the need to examine double criminality beyond the list of 32 criminal offences set out in the EIO list;
Amendment 508 #
Proposal for a regulation Article 5 – paragraph 4 – point c Amendment 509 #
Proposal for a regulation Article 5 – paragraph 4 – point c Amendment 510 #
Proposal for a regulation Article 5 – paragraph 5 – point b (b) the addressees of the European Production Order as referred to in Article
Amendment 511 #
Proposal for a regulation Article 5 – paragraph 5 – point c (c) the
Amendment 512 #
Proposal for a regulation Article 5 – paragraph 5 – point c (c) the individually identifiable persons whose data is being requested, except where the sole purpose of the order is to identify a person;
Amendment 513 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) the requested data category (subscriber data,
Amendment 514 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) the requested data category (subscriber data,
Amendment 515 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) the requested data category (subscriber data,
Amendment 516 #
Proposal for a regulation Article 5 – paragraph 5 – point e (e) if applicable, the time range requested to be produced, tailored as narrowly as possible;
Amendment 517 #
Proposal for a regulation Article 5 – paragraph 5 – point g (g) in case of emergency or request for earlier
Amendment 518 #
Proposal for a regulation Article 5 – paragraph 5 – point g (g) in case of emergency
Amendment 519 #
Proposal for a regulation Article 5 – paragraph 5 – point h Amendment 520 #
Proposal for a regulation Article 5 – paragraph 5 – point i (i) the grounds for the necessity and proportionality of the measure, taking due account of the impact of the measure on the fundamental rights of the person whose data is sought.
Amendment 521 #
Proposal for a regulation Article 5 – paragraph 5 – point i (i) the grounds for the necessity and proportionality of the measure, taking into account the rights of the suspected or accused person and the seriousness of the offence.
Amendment 522 #
Proposal for a regulation Article 5 – paragraph 6 6. In cases where the data sought is stored or processed as part of an infrastructure provided by a service provider to a company or another entity other than natural persons, the European Production Order may only be addressed to the service provider where investigatory measures addressed to the company or the entity are not a
Amendment 523 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 524 #
Proposal for a regulation Article 5 – paragraph 7 7. If the issuing authority has reasons to believe that, tra
Amendment 525 #
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.
Amendment 526 #
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.
Amendment 527 #
Proposal for a regulation Article 6 – paragraph 2 2. It may be issued where necessary and proportionate to prevent the removal, deletion or alteration of data in view of a subsequent request for production of this
Amendment 528 #
Proposal for a regulation Article 6 – paragraph 2 2. It
Amendment 529 #
Proposal for a regulation Article 6 – paragraph 3 – point c (c) the
Amendment 530 #
Proposal for a regulation Article 6 – paragraph 3 – point c (c) the individually identifiable persons whose data shall be preserved, except where the sole purpose of the order is to identify a person;
Amendment 531 #
Proposal for a regulation Article 6 – paragraph 3 – point d (d) the data category to be preserved (subscriber data,
Amendment 532 #
Proposal for a regulation Article 6 – paragraph 3 – point d (d) the data category to be preserved (subscriber data,
Amendment 533 #
Proposal for a regulation Article 6 – paragraph 3 – point e (e) if applicable, the time range requested to be preserved, tailored as narrowly as possible;
Amendment 534 #
Proposal for a regulation Article 6 – paragraph 3 – point g (g) the grounds for the necessity and proportionality of the measure, taking due account of the impact of the measure on the fundamental rights of the person whose data is sought.
Amendment 535 #
Proposal for a regulation Article 6 – paragraph 3 – point g (g) the grounds for the necessity and proportionality of the measure, taking into account the rights of the suspected or accused person and the seriousness of the offence.
Amendment 536 #
Proposal for a regulation Article 6 – paragraph 3 – point g (g) the grounds for the necessity and proportionality of the measure, with due regard to the rights of the suspected or accused person.
Amendment 537 #
Proposal for a regulation Article 6 a (new) Article 6 a Legal representative 1. Where a service provider, offering services in the Member States bound by this Regulation, is not established in the Union, it shall designate one legal representative for receipt of, compliance with and enforcement of European Production Orders and European Preservation Orders issued by the competent authorities of the Member States, for the purpose of gathering electronic information in criminal proceedings. The legal representative shall be established in one of the Member States bound by this Regulation where the service provider offers its services. 2. Where a service provider, offering services in the Member States bound by this Regulation, is established in a Member State not bound by this Regulation, it shall designate one legal representative for receipt of, compliance with and enforcement of European Production Orders and European Preservation Orders issued by the competent authorities of the Member States, for the purpose of gathering electronic information in criminal proceedings. The legal representative shall be established in one of the Member States bound by this Regulation where the service provider offers its services. 3. Upon designation of the legal representative, the service provider shall notify in writing that Member State where its legal representative is established. The notification shall contain the designation and contact details of its legal representative as well as any changes thereof. 4. The notification shall specify the official language(s) of the Union, as referred to in Regulation 1/58, in which the legal representative can be addressed. This shall include, at least, one of the official languages of the Member State where the legal representative is established. 5. Information, notified to Member States in accordance with this Article, shall be made publicly available on a dedicated internet page of the European Judicial Network in criminal matters. Such information shall be regularly updated. 6. Member States shall lay down rules on sanctions applicable to infringements pursuant to this Article and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 538 #
Proposal for a regulation Article 6 a (new) Article 6 a Legal representative 1. Where a service provider offering services in the Member States bound by this Regulation is not established in the Union, such service providers shall designate one legal representative in one of the Member States bound by this Regulation where the service provider offers its services, for receipt of, compliance with and enforcement of European Production Orders and European Preservation Orders issued by the competent authorities of the Member States, for the purpose of gathering electronic evidence in criminal proceedings. 2. Where a service provider offering services in the Member States bound by this Regulation is established in a Member State not bound by this Regulation, such service provider shall designate one legal representative in one of the Member States bound by this Regulation where the service provider offers its services, for receipt of, compliance with and enforcement of European Production Orders and European Preservation Orders issued by the competent authorities of the Member States for the purpose of gathering electronic evidence in criminal proceedings. 3. Upon designation of the legal representative, the service provider shall notify in writing that Member State where its legal representative is established. The notification shall contain the designation and contact details of its legal representative as well as any changes thereof. 4. The notification shall specify the official language(s) of the Union, as referred to in Regulation 1/58, in which the legal representative can be addressed. This shall include, at least, one of the languages accepted by the Member State where the legal representative is established. 5. Information notified to Member States in accordance with this Article shall be made publicly available on a dedicated internet page of the European Judicial Network. Such information shall be regularly updated. 6. Member States shall lay down rules on sanctions applicable to infringements pursuant to this Article and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 539 #
Proposal for a regulation Article 7 – paragraph 1 1. The European
Amendment 540 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 541 #
Proposal for a regulation Article 7 – paragraph 1 1. The European Production Order
Amendment 542 #
Proposal for a regulation Article 7 – paragraph 1 – point a (new) (a) to the service provider, or where applicable, its legal representative in the executing state; and (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 543 #
Proposal for a regulation Article 7 – paragraph 1 – point b (new) (b) to the executing authority.
Amendment 544 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. The European Production Order shall be addressed to the executing authority. A copy of the European Production Order for subscriber data shall be addressed to the main establishment of the service provider where the data controller is or, where applicable, a legal representative designated by the service provider for the purpose of gathering evidence in criminal proceedings.
Amendment 545 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. Where the identity of the person suspected or accused is already known to the issuing authority, and its State of permanent residence is neither the issuing nor the executing state, the European Production Order shall also be transmitted simultaneously to the affected authority of the State of permanent residence of that person.
Amendment 546 #
Proposal for a regulation Article 7 – paragraph 1 b (new) Amendment 547 #
Proposal for a regulation Article 7 – paragraph 1 c (new) 1 c. Information notified to Member States in accordance with paragraph 1a shall be made publicly available on a dedicated internet page of the European Judicial Network. Such information shall be regularly updated.
Amendment 548 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 549 #
Proposal for a regulation Article 7 – paragraph 2 2. If the Service provider has not de
Amendment 550 #
Proposal for a regulation Article 7 – paragraph 2 2. If
Amendment 551 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 552 #
Proposal for a regulation Article 7 – paragraph 3 3. Where the
Amendment 553 #
Proposal for a regulation Article 7 – paragraph 3 3. Where the legal representative, the EPOC was initially addressed to, does not comply with an EPOC in an emergency case pursuant to Article 9(2), the EPOC may be addressed to any establishment of the
Amendment 554 #
Proposal for a regulation Article 7 – paragraph 4 Amendment 555 #
Proposal for a regulation Article 7 – paragraph 4 4. Where the
Amendment 556 #
Proposal for a regulation Article 7 – paragraph 4 4. Where the legal representative does not comply with its obligations under Articles 9 or 10 and the issuing authority considers that there is a serious risk of loss
Amendment 557 #
Proposal for a regulation Article 7 – paragraph 4 4. Where the legal representative does not comply with its obligations under Articles 9 or 10 and the issuing authority considers that there is a serious risk of loss of data, the European Production Order and the respective EPOC or the European Preservation Order and the respective EPOC-PR may be addressed to any establishment of the service provider in the Union.
Amendment 558 #
Proposal for a regulation Article 7 a (new) Amendment 559 #
Proposal for a regulation Article 7 a (new) Article 7 a Notification In the event that the European Production Order concerns transactional or content data, and the issuing authority has reasonable grounds to believe that the person whose data is sought is not residing on its own territory, the issuing authority shall submit a copy of the order to the competent authority of the enforcing State at the same time the Order is submitted to the addressee, pursuant to Article 7. The notified authority may object if any of the following occurs: a. The data requested are protected by immunities or privileges granted under the law of the enforcing State; b. Disclosure of the requested data may impact the fundamental rights of the individual or the fundamental interests of that State, related to national security and defence; c. The enforcing authority has reasonable grounds to believe that the European Production Order manifestly violates the Charter of Fundamental Rights of the European Union or that it is manifestly abusive; d. The data requested are related to rules on the determination or limitation of critical liability that relate to the freedom of press or freedom of expression in other media; e. The Order is incomplete or evidently incorrect. The notified authority shall inform the issuing authority of any objection as soon as possible or, at the latest, within 10 days after receiving the copy of the Order.
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 561 #
Proposal for a regulation Article 7 a (new) Article 7 a Single platform 1. By [date of application of this Regulation] the Commission shall, by means of a delegated act, establish a common single platform with secure channels for the handling of authorised cross-border communication, authentication and transmission of the Orders and of the requested data between law enforcement and judicial authorities and service providers. The issuing authority shall transmit the Certificate via this platform. The European Data Protection Board and the European Data Protection Supervisor shall monitor the protection of personal data processed through this platform and these channels. 2. Where service providers or Member States already have established dedicated platforms or other secure channels for the handling of requests for data by law enforcement and judicial authorities, it should be possible to interconnect such platforms with this single platform.
Amendment 562 #
Proposal for a regulation Article 7 b (new) Article 7 b The issuing authority shall provide additional information if requested, within the 10 days timeframe, to the enforcing authority with regards to the Order concerned and where applicable, inform the enforcing authority and the addressee of the withdrawal of the Order.
Amendment 563 #
Proposal for a regulation Article 7 c (new) Article 7 c The enforcing authority shall inform the issuing authority of the duly justified reasons the data in question may not be used or may be used under conditions specified by the enforcing state.
Amendment 564 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 The EPOC or the EPOC-PR shall be directly transmitted
Amendment 565 #
Proposal for a regulation 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 566 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 Amendment 567 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 Amendment 568 #
Proposal for a regulation Article 8 – paragraph 3 3. The EPOC shall contain the information listed in Article 5(5) (a) to (h), including sufficient information to allow the addressees to identify and contact the issuing authority, and information regarding the means and technical interfaces it has at its disposal to receive the produced data, or where to find this information. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 569 #
Proposal for a regulation Article 8 – paragraph 3 3. The EPOC shall contain the information listed in Article 5(5) (a) to (
Amendment 570 #
Proposal for a regulation Article 8 – paragraph 3 3. The EPOC shall contain all the information listed in Article 5(5) (a) to (h), including sufficient information to allow the addressee and if applicable the notified authorities of the executing State to identify and contact the issuing authority. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 571 #
Proposal for a regulation Article 8 – paragraph 3 3. The EPOC shall contain all the information listed in Article 5(5) (a) to (h), including sufficient information to allow the addressee to identify and contact the issuing authority. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 572 #
Proposal for a regulation Article 8 – paragraph 4 4. The EPOC-PR shall contain the information listed in Article 6(3) (a) to (
Amendment 573 #
Proposal for a regulation Article 8 – paragraph 4 4. The EPOC-PR shall contain the information listed in Article 6(3) (a) to (
Amendment 574 #
4. The EPOC-PR shall contain all the information listed in Article 6(3) (a) to (f), including sufficient information to allow the addressee to identify and contact the issuing authority. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 575 #
Proposal for a regulation Article 8 – paragraph 4 4. The EPOC-PR shall contain all the information listed in Article 6(3) (a) to (f), including sufficient information to allow the addressee to identify and contact the issuing authority. The grounds for the necessity and proportionality of the measure or further details about the investigations shall not be included.
Amendment 576 #
Proposal for a regulation Article 8 – paragraph 5 5. Where needed, the EPOC
Amendment 577 #
Proposal for a regulation Article 8 – paragraph 5 5.
Amendment 578 #
Proposal for a regulation Article 8 – paragraph 5 5. Where needed, the EPOC or the EPOC-PR shall be translated into an official language of the Union accepted by
Amendment 579 #
Proposal for a regulation Article 8 – paragraph 5 5. Where needed, the EPOC or the EPOC-PR shall be translated into an official language of the Union accepted by the addressee. Where no language has been specified, the EPOC or the EPOC-PR shall be translated into one of the official languages of the Member State where the legal representative resides or is established.
Amendment 580 #
Proposal for a regulation Article 8 – paragraph 5 a (new) 5 a. Any Member State may, at any time, state in a declaration submitted to the Commission that it will accept translations of EPOCs and EPOC-PRs in one or more official languages of the Union other than the official language or languages of that Member States. The Commission shall make the declarations available to all Member States and to the EJN.
Amendment 581 #
Proposal for a regulation Article 8 a (new) Article 8 a Notification and Verification 1. In cases where the European Production Order concerns transactional data or content data, the issuing authority shall submit a copy of the EPOC to the enforcing authority at the same time the EPOC is submitted to the addressee in accordance with Article 7. 2. The enforcing authority may verify, on its own initiative or at the request of the addressee, whether the European Production Order meets the conditions laid down in Articles 3, 4 and 5. It may also consult the issuing authority on the matter and request further clarifications. After that consultation, the issuing authority may decide to withdraw or adapt the EPOC. In the event of withdrawal or adaptation, the issuing authority shall immediately inform the addressee. 3. Where the enforcing authority verifies the European Production Order and, after consulting the issuing authority, concludes that the European Production Order does not meet the conditions laid down in Articles 3, 4 and 5, it shall instruct the addressee not to execute the EPOC. The enforcing authority shall inform the issuing authority of its reasoned objection, including all relevant details, without undue delay. 4. The procedures laid down in paragraphs 1 and 2 shall not have suspensive effect on the obligations of the addressee under this Regulation.
Amendment 582 #
Proposal for a regulation Article 8 a (new) Article 8 a Verification by Europol 1. Member States may decide to give Europol the task or to request the assistance of Europol to verify European Production Orders concerning transactional data or content data. In that case, the issuing authority shall submit a copy of the EPOC to Europol at the same time the EPOC is submitted to the addressee. 2. Europol may verify, on its own initiative or at the request of the addressee, whether the EPOC meet the conditions laid down in Articles 3, 4, and 5. It may also consult the issuing authority on the matter and request further clarifications. After that consultation, the issuing state may decide to withdraw or adapt the EPOC. In the event of withdrawal or adaptation, the issuing authority shall immediately inform the addressee. 3. Where Europol verifies the European Production Order and, after consulting the issuing authority, concludes that the European Production Order does not meet the conditions laid down in Articles 3, 4 and 5, it shall instruct the addressee not to execute the EPOC. Europol shall inform the issuing authority of its reasoned objection, including all relevant details, without undue delay.
Amendment 583 #
Proposal for a regulation Article 9 – paragraph 1 1. Upon receipt of the EPOC, the
Amendment 584 #
Proposal for a regulation Article 9 – paragraph 1 1. Upon receipt of the EPOC, t
Amendment 585 #
Proposal for a regulation Article 9 – paragraph 1 1. Upon receipt of the EPOC, the
Amendment 586 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 587 #
Proposal for a regulation 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 588 #
Proposal for a regulation Article 9 – paragraph 1 – point a (new) (a) acknowledge the receipt of the EPOC to the issuing authority; and
Amendment 589 #
Proposal for a regulation Article 9 – paragraph 1 – point b (new) (b) notify the service provider that it is the competent executing authority, and, in the event that Article 10a (3) applies, of the means and technical interfaces it has at its disposal to receive the produced data, or where to find this information.
Amendment 590 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Upon receipt of the EPOC, transmitted in accordance with this Regulation, the service provider, shall, without undue delay, and at the latest within a period of 10 days upon receipt of the EPOC: a) acknowledge the receipt of the EPOC to the issuing authority; b) act expeditiously to preserve the requested data and prepare for their production; c) as soon as the data are ready for production, notify the executing authority; d) in the cases covered under Article 10a (3) applies, as soon as the data are ready for production, make them available to the executing authority; e) where the executing authority has positively confirmed the EPOC, transmit or make available the requested data directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.
Amendment 591 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10 days period, the service provider to which the order is addressed shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC. To guarantee an immediate transmission, the service provider shall secure the requested data and prepare the necessary arrangements directly after receiving the order.
Amendment 592 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Within the period of 10 days referred to in paragraph 1, while the service provider shall preserve the requested data, the executing authority may object to the EPOC and invoke one of the grounds for non-recognition or non-execution provided for in Article 10a. In that case, it shall inform the issuing authority, the service provider and, where applicable, the affected authority of such decision.
Amendment 593 #
Proposal for a regulation Article 9 – paragraph 1 b (new) 1 b. The executing authority shall take a decision at the latest within a period of 10 days upon receipt of the EPOC and inform the issuing authority, the service provider, and, where applicable, the affected authority of its decision to either: a) invoke one of the grounds for non- recognition or non-execution provided for in Article 10a and declare the EPOC null and void;or b) validate the EPOC and ensure its execution in the same way and under the same modalities as if the investigative measure concerned had been ordered by an authority of the executing state.
Amendment 594 #
Proposal for a regulation Article 9 – paragraph 1 b (new) 1 b. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10-day period, the service provider to which the order is addressed shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.
Amendment 595 #
Proposal for a regulation Article 9 – paragraph 2 2. In emergency cases, the
Amendment 596 #
Proposal for a regulation Article 9 – paragraph 2 2. In emergency cases the
Amendment 597 #
Proposal for a regulation Article 9 – paragraph 2 2. In emergency cases, the
Amendment 598 #
Proposal for a regulation Article 9 – paragraph 2 2. In emergency cases the addressee shall transmit the requested data without undue delay, at the latest within 6 to 16 hours upon receipt of the EPOC.
Amendment 599 #
Proposal for a regulation Article 9 – paragraph 2 2. In emergency cases the addressee shall transmit the requested data without undue delay, at the latest within
Amendment 600 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. When the executing authority has recognised the EPOC for traffic and content data, it shall immediately transmit the EPOC to the service provider and shall ensure that the request data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC. If it is not practicable in a specific case for the executing authority to meet the time limit set out in paragraph 1 or 2, it shall, without delay, inform the issuing authority by any means, giving the reasons for the delay and the estimated time necessary for the decision to be taken.
Amendment 601 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. Where it is known 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 for non- recognition or non-execution pursuant to Article 10a exists, it shall immediately inform the executing authority. The executing authority shall take utmost account of that information.
Amendment 602 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. If the executing authority has not invoked any of the grounds listed in Article 10a within the 24-hour period referred to in paragraph 2, the addressed service provider shall ensure that the requested data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.
Amendment 603 #
Proposal for a regulation Article 9 – paragraph 2 b (new) 2 b. 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 for non- recognition or non-execution listed in Article 10a exists, it shall immediately inform the executing authority, based on a reasoned opinion. The executing authority shall take this reasoned opinion duly into account.
Amendment 604 #
Proposal for a regulation Article 9 – paragraph 2 b (new) 2 b. If the executing authority has not invoked any of the grounds listed in Article 10a concerning the EPOC for subscriber data within the time limits provided by paragraph 1 or 2, the service provider shall ensure that the requested subscriber data is immediately transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC.
Amendment 605 #
Proposal for a regulation Article 9 – paragraph 2 c (new) 2 c. In the absence of a valid EPOC or of a European Investigation Order issued in accordance with Directive 2014/41/EU, the addresses shall not transmit the requested data to the requesting authority.
Amendment 606 #
Proposal for a regulation Article 9 – paragraph 3 3. If the
Amendment 607 #
Proposal for a regulation Article 9 – paragraph 3 3. If the
Amendment 608 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 609 #
Proposal for a regulation Article 9 – paragraph 3 3. If the addressee cannot comply with its obligation because the EPOC is incomplete, contains manifest errors or does not contain sufficient information for the addressee to execute the EPOC, the addressee shall inform the issuing authority referred to in the EPOC without undue delay and ask for clarification, using the Form set out in Annex III. It shall inform the issuing authority whether an identification and preservation was possible as set out in paragraph 6. The issuing authority shall react expeditiously and within 5 days at the latest. The deadlines set out in paragraphs 1 and 2 shall not apply until the clarification is provided.
Amendment 610 #
Proposal for a regulation Article 9 – paragraph 4 4. If the addressees cannot comply with
Amendment 611 #
Proposal for a regulation Article 9 – paragraph 4 4. If the
Amendment 612 #
Proposal for a regulation Article 9 – paragraph 4 4. If the addressee cannot comply with its obligation because of
Amendment 613 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 Amendment 614 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 1 In all cases where the addressee cannot or does not provide the requested information pursuant to paragraphs 3 and 4, does not provide it exhaustively or does not provide it within the deadline
Amendment 615 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 Amendment 616 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 Amendment 617 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 In case the addressee considers that the EPOC cannot be executed because based on the sole information contained in the EPOC it is apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or that it is manifestly abusive, the addressee shall also send the Form in Annex III to the competent enforcement authority in the Member State of the addressee.
Amendment 618 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 In case the addressee considers that the EPOC cannot be executed because based on the sole information contained in the EPOC it is apparent that it manifestly violates the Charter
Amendment 619 #
Proposal for a regulation Article 9 – paragraph 5 – subparagraph 2 Amendment 620 #
Proposal for a regulation Article 9 – paragraph 5 a (new) 5 a. Where the service provider considers that the EPOC cannot be executed because, based on the sole information contained in the EPOC, it is apparent that it manifestly violates the Charter of Fundamental Rights of the European Union, or that it is manifestly abusive, the service provider shall also send the Form set out in Annex III to the executing authority. The executing authority, on its own initiative or on request of the service provider, or, where applicable, the affected authority may seek clarifications from the issuing authority on the European Production Order, either directly or via Eurojust or the European Judicial Network. The issuing authority shall react expeditiously and within 5 days at the latest. The deadlines set out in paragraphs 1, 1a, 1b, 2 and 2a shall not apply until the clarification is provided. The executing authority may decide within 5 more days that the EPOC shall be considered null and void. In the absence of a reaction from the issuing authority, the order shall be considered null and void.
Amendment 621 #
Proposal for a regulation Article 9 – paragraph 6 6.
Amendment 622 #
Proposal for a regulation Article 9 – paragraph 6 6.
Amendment 623 #
Proposal for a regulation Article 9 – paragraph 6 a (new) 6 a. Unless this would run counter to the rights of the suspected or accused person to seek legal redress, the provider shall destroy the data specifically preserved pursuant to this Regulation, where: a) the data has been transmitted;or b) the order has been finally determined as null and void.
Amendment 624 #
Proposal for a regulation Article 9 – paragraph 6 a (new) 6 a. Without prejudice to paragraphs 1 to 6, where the service provider has substantial grounds to believe that an EPOC does not meet the conditions laid down in this Regulation, the service provider may request the enforcing authority to verify the EPOC pursuant to the procedures laid down in Article 8a (2).
Amendment 625 #
Proposal for a regulation Article 10 – paragraph 1 1. Upon receipt of the EPOC-PR, the
Amendment 626 #
Proposal for a regulation Article 10 – paragraph 1 1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The
Amendment 627 #
Proposal for a regulation Article 10 – paragraph 1 1. Upon receipt of the EPOC-PR, t
Amendment 628 #
Proposal for a regulation Article 10 – paragraph 1 1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after
Amendment 629 #
Proposal for a regulation Article 10 – paragraph 1 1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after
Amendment 630 #
Proposal for a regulation Article 10 – paragraph 1 1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after
Amendment 631 #
Proposal for a regulation Article 10 – paragraph 1 – point a (new) (a) acknowledge the receipt of the EPOC-PR to the issuing authority; and
Amendment 632 #
Proposal for a regulation Article 10 – paragraph 1 – point b (new) (b) notify the service provider that it is the competent executing authority.
Amendment 633 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1 a. Within the 10-day period referred to in paragraph 1, while the service provider shall preserve the requested data, the executing authority may object to the EPOC-PR and invoke one of the grounds for non-recognition or non-execution provided for in Article 10a. In that case, it shall inform the issuing authority and the service provider of such decision and the preservation shall cease immediately.
Amendment 634 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1 a. Upon receipt of the EPOC-PR, transmitted in accordance with this Regulation, the service provider shall, without undue delay, and at the latest within a period of 10 days upon receipt of the EPOC-PR: a) acknowledge the receipt of the EPOC- PR to the issuing authority; b) act expeditiously to preserve the requested data.
Amendment 635 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1 b. The executing authority shall take a decision at the latest within a period of 10 days upon receipt of the EPOC-PR and inform the issuing authority, the service provider of its decision to either: a) invoke one of the grounds for non- recognition or non-execution provided for in Article 10a , in which case it shall inform the issuing authority and the service provider of such decision and that the preservation shall cease immediately;or b) confirm the EPOC-PR and inform the service provider, or, where applicable, its legal representative to continue to preserve the data for a period of a total of 30 days, renewable once.
Amendment 636 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1 b. If the executing authority has not invoked any of the grounds listed in Article 10a within the 10 days period, the service provider to which the order is addressed shall continue to preserve the data for a period of 30 days, renewable once.
Amendment 637 #
Proposal for a regulation Article 10 – paragraph 2 2. If the issuing authority confirms within the
Amendment 638 #
Proposal for a regulation Article 10 – paragraph 2 2. If the issuing authority confirms within the time period set out in paragraph 1 that the subsequent request for production has been launched, the addressee shall preserve the data
Amendment 639 #
Proposal for a regulation Article 10 – paragraph 2 2. If the issuing authority confirms within the
Amendment 640 #
Proposal for a regulation Article 10 – paragraph 3 3. If the preservation is no longer
Amendment 641 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 (new) Before the preservation period referred to in paragraph 1 has ended, the issuing authority may send a request to prolong the data preservation period by up to 60 days only when necessary to allow further assessment of the relevance of the data.
Amendment 642 #
Proposal for a regulation Article 10 – paragraph 4 4. If the
Amendment 643 #
Proposal for a regulation Article 10 – paragraph 4 4.
Amendment 644 #
Proposal for a regulation Article 10 – paragraph 4 a (new) 4 a. Where the addressee considers that the EPOC-PR cannot be executed because based on the sole information contained in the EPOC-PR it is apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or that it is manifestly abusive, the addressee shall also send the Form set out in Annex III to the executing authority. The executing authority, on its own initiative or at the request of the service provider, or, where applicable, the affected authority or the competent enforcement authority may seek clarifications from the issuing authority on the European Preservation Order, either directly or via Eurojust or the European Judicial Network. The issuing authority shall react expeditiously and within 5 days at the latest. The deadlines set out in paragraphs 1, 1a, 1b, and 2 shall not apply until the clarification is provided. The executing authority may decide within 5 more days that the EPOC-PR shall be considered null and void. In the absence of a reaction from the issuing authority, the order shall be considered null and void.
Amendment 645 #
Proposal for a regulation Article 10 – paragraph 5 5. If the addressees cannot comply with
Amendment 646 #
Proposal for a regulation Article 10 – paragraph 5 5. If the addressee cannot comply with its obligation because of force majeure, or of de facto impossibility
Amendment 647 #
Proposal for a regulation Article 10 – paragraph 5 5. If the addressee cannot comply with
Amendment 648 #
Proposal for a regulation Article 10 – paragraph 6 Amendment 649 #
Proposal for a regulation Article 10 – paragraph 6 a (new) 6 a. The addressee may oppose the European Preservation Order on the basis of the following grounds: (a) the European Preservation Order has not been issued or validated by an issuing authority as specified in Article 4; (b) the service provider could not comply with the EPOC-PR because of de facto impossibility or force majeure, or because the EPOC-PR contains manifest errors; (c) the European Preservation Order does not concern data stored by or on behalf of the service provider at the time of the EPOC-PR; (d) the service is not covered by the scope of this Regulation; (e) there are substantial grounds to believe that the European Preservation Order violates Article 6 TEU or the Charter of Fundamental Rights; (f) the European Preservation Order is manifestly abusive.
Amendment 650 #
Proposal for a regulation Article 10 – paragraph 6 a (new) 6 a. During the procedure referred to in paragraphs 1, 1a, 1b, 4, 4a and 5, the service provider shall preserve the requested data.
Amendment 651 #
6 b. The provider shall destroy the data specifically preserved for the abovementioned purposes, where: a) this does not interfere with any possibility of the person whose data was sought to seek redress against the measures taken under this Regulation; b) this does not interfere with any possibility of the person whose data was sought to use the data for exculpatory purposes; c) the data has been transmitted to the issuing authority; d) the decision has been made that the preservation of data shall cease; e) the preservation period has run its course;or f) the preservation has been finally determined no longer necessary.
Amendment 652 #
Proposal for a regulation Article 10 – paragraph 6 b (new) 6 b. At any moment, the executing authority may consider that one of the grounds provided for in Article 10a applies. In that case, it shall order the service provider to cease the preservation.
Amendment 653 #
Proposal for a regulation Article 10 – paragraph 6 c (new) 6 c. If the addressee does not comply with an EPOC-PR without providing reasons, the issuing authority may transfer to the executing authority the European Preservation Order with the EPOC-PR as well as the Form set out in Annex III filled out by the addressee and any other relevant document with a view to its enforcement by any means capable of producing a written record under conditions allowing the enforcing authority to establish authenticity. To this end, where necessary, the issuing authority shall translate the Order, the Form and any other accompanying documents into one of the official languages of this Member State and shall inform the addressee of the transfer.
Amendment 654 #
Proposal for a regulation Article 10 – paragraph 6 d (new) 6 d. Upon receipt, the executing authority shall, without further formalities, recognise a European Preservation Order and shall take the necessary measures for its enforcement, unless the executing authority considers that one of the grounds provided for in Article 10a applies. The executing authority shall take the decision to recognise the Order without undue delay and no later than 5 working days after the receipt of the Order.
Amendment 655 #
Proposal for a regulation Article 10 – paragraph 6 e (new) 6 e. Where the executing authority recognises the Order, it shall formally require the addressee to comply with the relevant obligation, informing the addressee of the possibility to oppose the enforcement by invoking the grounds listed in paragraph 6a, as well as the applicable sanctions in the event of non- compliance, and set a deadline for compliance or opposition.
Amendment 656 #
Proposal for a regulation Article 10 – paragraph 6 f (new) 6 f. In the event of an objection by the addressee, the executing authority shall decide whether to enforce the Order on the basis of the information provided by the addressee and, if necessary, of supplementary information obtained from the issuing authority in accordance with paragraph 6g.
Amendment 657 #
Proposal for a regulation Article 10 – paragraph 6 g (new) 6 g. Before deciding not to recognise or enforce the Order in accordance with paragraphs 6d and 6f, the executing authority shall consult the issuing authority by any appropriate means. Where appropriate, it shall request further information from the issuing authority. The issuing authority shall reply to any such request within 5 working days. In the absence of a reaction from the issuing authority, the order shall be considered null and void.
Amendment 658 #
Proposal for a regulation Article 10 – paragraph 6 h (new) 6 h. All decisions shall be notified immediately to the issuing authority and to the addressee by any means capable of producing a written record.
Amendment 659 #
Proposal for a regulation Article 10 – paragraph 6 i (new) Amendment 660 #
Proposal for a regulation Article 10 a (new) Amendment 661 #
Proposal for a regulation Article 10 a (new) Amendment 662 #
Proposal for a regulation Article 10 a (new) Amendment 663 #
Proposal for a regulation Article 10 a (new) Amendment 664 #
Proposal for a regulation Article 10 a (new) Amendment 665 #
Amendment 666 #
Proposal for a regulation Article 11 – title Amendment 667 #
Proposal for a regulation Article 11 – title Amendment 668 #
Proposal for a regulation Article 11 – paragraph -1 (new) -1. The issuing authority shall inform the person whose data is being sought, unless justified concerns that this would obstruct the relevant criminal investigations exist.
Amendment 669 #
Proposal for a regulation Article 11 – paragraph 1 1. Addressees and, if different, service providers shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC-PR and of the data produced or preserved
Amendment 670 #
Proposal for a regulation Article 11 – paragraph 1 1. Addressees and, if different, service providers shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC-PR and of the data produced or preserved and
Amendment 671 #
Proposal for a regulation Article 11 – paragraph 1 1. Addressees and, if different, service providers shall take
Amendment 672 #
Proposal for a regulation Article 11 – paragraph 1 1.
Amendment 673 #
Proposal for a regulation Article 11 – paragraph 1 1. Addressees and, if different, service providers shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC-PR and of the data produced or preserved
Amendment 674 #
Proposal for a regulation Article 11 – paragraph 1 1.
Amendment 675 #
Proposal for a regulation Article 11 – paragraph 1 1.
Amendment 676 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1 a. Upon a duly justified request by the issuing authority, based on a court order, the addressees shall refrain from informing the person whose data is being sought in order not to obstruct relevant criminal proceedings, and shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC- PR and of the data produced or preserved. Such an order shall specify the duration of the obligation of confidentiality and shall be subject to periodic review.
Amendment 677 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1 a. Upon a duly justified request by the issuing authority, based on a court order, addressees shall refrain from informing the person whose data is being sought, in order not to obstruct the relevant criminal proceedings.
Amendment 678 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1 a. Upon a duly justified request by the issuing authority, based on a court order, addressees shall refrain from informing the person whose data is being sought, in order not to obstruct the relevant criminal proceedings.
Amendment 679 #
Proposal for a regulation Article 11 – paragraph 2 2. Where the issuing authority requested the addressee to refrain from informing the person whose data is being
Amendment 680 #
Proposal for a regulation Article 11 – paragraph 2 2. Where the issuing authority requested the addressees to refrain from informing the person whose data is being sought, upon a duly justified request, based on a court order, the issuing authority shall inform the person whose data is being sought by the EPOC or the EPOC-PR without undue delay about the data production or preservation. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings, taking into account the rights of the suspected and accused person and without prejudice to defence rights and effective legal remedies.
Amendment 681 #
Proposal for a regulation Article 11 – paragraph 2 2.
Amendment 682 #
Proposal for a regulation Article 11 – paragraph 2 2. Where the issuing authority does not request
Amendment 683 #
2. Where the issuing authority itself refrained, or requested the addressee to refrain from informing the person whose data is being sought, the issuing authority shall inform the person whose data is being sought by the EPOC without undue delay about the data production. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings.
Amendment 684 #
Proposal for a regulation Article 11 – paragraph 2 2. Where the issuing authority
Amendment 685 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2 a. As soon as the criminal proceedings are fully finalised and are no longer essential for preventing any immediate or serious threat to public security, the information obtained shall be deleted.
Amendment 686 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 687 #
Proposal for a regulation Article 11 – paragraph 3 Amendment 688 #
Proposal for a regulation Article 11 – paragraph 3 3.
Amendment 689 #
Proposal for a regulation Article 11 – paragraph 3 – subparagraph 1 (new) When informing the person, the issuing authority shall include information about any available remedies as referred to in Article 17.
Amendment 690 #
Proposal for a regulation Article 11 a (new) Article 11 a 1. The electronic information obtained on basis of the instruments by this Regulation shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation, except: (a) for the purpose of proceedings for which a European Production Order could have been issued in accordance with Article 5(3) and (4); or (b) for preventing an immediate and serious threat to public security of the issuing State or its essential interests; 2. Electronic information obtained in accordance with this Regulation may only be transmitted to another Member State: a) for the purpose of proceedings for which a European Production Order could have been issued in accordance with Article 5(3) and (4); or b) for preventing an immediate and serious threat to public security of that Member State or its essential interests. 3. Electronic information obtained in accordance with this Regulation may only be transferred to a third country or to an international organisation pursuant to conditions of paragraph 2, points a) and b) of this Article and Chapter V of Directive (EU) 2016/680.
Amendment 691 #
Proposal for a regulation Article 11 a (new) Article 11 a Speciality priciple 1. The electronic information acquired on the basis of this Regulation shall not be used for the purposes or proceedings other than those for which it was originally acquired, except in cases of an immediate and serious threat to public security of the issuing State. 2. Electronic information acquired on the basis of this Regulation may only be transmitted to another Member State for preventing an immediate and serious threat to public security of that Member State. 3. Electronic information acquired on the basis of this Regulation may only be transferred to a third country or to an international organisation pursuant to conditions provided by Chapter V of the Directive (EU) 2016/680.
Amendment 692 #
Proposal for a regulation Article 11 a (new) Article 11 a Limitations to the use of information obtained 1. The executing authority shall inquire from the issuing authority whether under the national laws of the issuing state electronic information which has been produced or preserved by an EPOC or EPOC-PR is admissible for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation. 2. The issuing authority shall respond within the deadline pursuant to Article 9. If the issuing authority confirms the admissibility of such electronic information, and such information is inadmissible under the laws of the executing state, the executing authority can deny the production of the information and declare the order as having ceased to be valid.
Amendment 693 #
Proposal for a regulation Article 11 a (new) Article 11 a Admissibility and erasure of electronic information 1. Electronic information that has been gathered in breach of this Regulation shall not be admissible as evidence and shall immediately be erased. 2. Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall immediately be erased. 3. The affected person shall be informed about the erasure without undue delay.
Amendment 694 #
Proposal for a regulation Article 11 a (new) Article 11 a Limitations to the use of information obtained Electronic information which has been produced or preserved by an EPOC or EPOC-PR shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
Amendment 695 #
Proposal for a regulation Article 11 b (new) Article 11 b Admissibility and erasure of electronic information 1. Electronic information that has been gathered in breach of this Regulation shall not be admissible before a court, and shall immediately be erased, unless there is an imminent threat to life or physical integrity of a person or to a critical infrastructure as defined in Article 2(a) of Council Directive 2008/114/EC11a. 2. Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall immediately be erased. For this, Member States shall provide for appropriate time limits to be established for the erasure of electronic information produced or preserved or for a periodic review of the need of the storage of the electronic information. Procedural measures shall ensure that those time limits are observed. 3. The affected person shall be informed about the erasure. _________________ 11aCouncil Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008. p. 75).
Amendment 696 #
Proposal for a regulation Article 11 b (new) Article 11 b Admissibility and erasure of electronic information 1. Electronic information that has been gathered in breach of this Regulation shall not be admissible before a court and shall immediately be erased. 2. Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall immediately be erased. For this, Member States shall provide for appropriate time limits to be established for the erasure of electronic information produced or preserved or for a periodic review of the need of the storage of the electronic information. Procedural measures shall ensure that those time limits are observed. 3. The affected person shall be informed about the erasure.
Amendment 697 #
Proposal for a regulation Article 11 b (new) Article 11 b Erasure of electronic information Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall be erased as soon as the criminal proceedings come to a legally binding end and the electronic information is no longer relevant for any other compatible purpose.
Amendment 698 #
Proposal for a regulation Article 12 – paragraph 1 The
Amendment 699 #
Proposal for a regulation 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 or the enforcing State for domestic orders in
Amendment 700 #
Proposal for a regulation Article 12 – paragraph 1 Amendment 701 #
Proposal for a regulation 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
Amendment 702 #
Proposal for a regulation Article 13 – paragraph 1 1.Service providers shall not be held liable for lawful compliance with an EPOC or EPOC-PR. 2. Without prejudice to national laws which provide for the imposition of criminal sanctions, Member States shall lay down the rules on pecuniary sanctions applicable to infringements of the obligations pursuant to Articles 9, 10 and 11 of this Regulation and shall take all necessary measures to ensure that they are implemented. The pecuniary sanctions provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 703 #
Proposal for a regulation Article 13 – paragraph 1 Without prejudice to national laws which provide for the imposition of criminal sanctions, Member States shall lay down the rules on pecuniary sanctions applicable to infringements of the obligations pursuant to Articles 9, 10 and 11 of this Regulation and shall take all necessary measures to ensure that they are implemented. The pecuniary sanctions provided by in national laws of the Member State for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 704 #
Proposal for a regulation Article 13 – paragraph 1 Without prejudice to national laws which provide for the imposition of criminal sanctions, Member States shall lay down the rules on pecuniary sanctions applicable to infringements of the obligations pursuant to Articles 9, 10 and 11 of this Regulation and shall take all necessary measures to ensure that they are implemented. The pecuniary sanctions provided
Amendment 705 #
Proposal for a regulation Article 13 – paragraph 1 a (new) Service providers shall not be held liable in Member States for the consequences resulting from compliance with this Regulation. Where a service provider acts with due diligence, in particular with regards to data protection obligations, manifest errors in an Order, illegal requests, or where an Order manifestly violates fundamental rights or is abusive, the service provider shall have the possibility to request clarification, or justification from the issuing authority through the executing authority. Where it acted faithfully, a service provider shall not be held liable for the consequences from any delays caused.
Amendment 706 #
Proposal for a regulation Article 13 – paragraph 1 a (new) Member States shall ensure that sanctions applied in accordance with paragraph 1 are annulled if a European Production Orders or European Preservation Orders is successfully challenged in accordance with Article 17.
Amendment 708 #
Proposal for a regulation Article 14 – paragraph 1 1. If the addressee does not comply with an EPOC within the deadline or with an EPOC-PR, without providing reasons accepted by the issuing authority, the issuing authority may transfer to the competent authority in the enforcing State the European Production Order with the EPOC or the European Preservation Order with the EPOC-PR as well as the Form set out in Annex III filled out by the addressee and any other relevant document with a view to its enforcement by any means capable of producing a written record under conditions allowing the enforcing authority to establish authenticity. To this end, the issuing authority shall translate the Order, the Form and any other accompanying documents, if not already provided, into one of the official languages of this Member State and shall inform the addressee of the transfer.
Amendment 709 #
Proposal for a regulation Article 14 – paragraph 2 2. Upon receipt, the enforcing authority shall without further formalities recognise a European Production Order or European Preservation Order transmitted in accordance with paragraph 1 and shall take
Amendment 710 #
Proposal for a regulation Article 14 – paragraph 3 3. Where the enforcing authority recognises the Order, it shall formally require the addressee to comply with the relevant obligation,
Amendment 711 #
Proposal for a regulation Article 14 – paragraph 3 3. Where the enforcing authority
Amendment 712 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 713 #
Proposal for a regulation Article 14 – paragraph 4 – introductory part 4.
Amendment 714 #
Proposal for a regulation Article 14 – paragraph 4 – point c (c) the addressee could not comply with the EPOC because of de facto impossibility or force majeure, or because the EPOC contains manifest errors;
Amendment 715 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 716 #
Proposal for a regulation Article 14 a (new) Amendment 717 #
Proposal for a regulation Article 14 a (new) Amendment 720 #
Proposal for a regulation Article 15 – paragraph 1 1. If the addressee considers that compliance with the E
Amendment 721 #
Proposal for a regulation Article 15 – paragraph 1 1. If the addressee considers that compliance with the European Production Order would conflict with applicable laws of a third country, prohibiting disclosure of the data concerned
Amendment 722 #
Proposal for a regulation Article 15 – paragraph 2 2. The reasoned objection shall include all relevant details on the law of the third country, its applicability to the case at hand and the nature of the conflicting obligation.
Amendment 723 #
Proposal for a regulation Article 15 – paragraph 2 2. The reasoned objection shall include all relevant
Amendment 724 #
Proposal for a regulation Article 15 – paragraph 4 Amendment 725 #
Proposal for a regulation Article 15 – paragraph 4 Amendment 726 #
Proposal for a regulation Article 15 – paragraph 5 5. If the competent court finds that no relevant conflict
Amendment 727 #
Proposal for a regulation Article 15 – paragraph 5 5. If the competent court finds that no relevant conflict
Amendment 728 #
Proposal for a regulation Article 15 – paragraph 6 6. If the
Amendment 729 #
Proposal for a regulation Article 15 – paragraph 6 6. If the third country
Amendment 730 #
Proposal for a regulation Article 15 – paragraph 7 7. If the competent court determines that
Amendment 731 #
Proposal for a regulation Article 15 a (new) Amendment 734 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 735 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 736 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 737 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 738 #
Proposal for a regulation Article 17 – paragraph 1 1.
Amendment 739 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 740 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 741 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 742 #
Proposal for a regulation Article 17 – paragraph 3 3. Such right to an effective remedy shall
Amendment 743 #
Proposal for a regulation Article 17 – paragraph 3 3. Such right to an effective remedy shall be exercised before a court in the issuing State and the enforcing State in accordance with its national law and shall include the possibility to challenge the legality of the measure, including its necessity and proportionality.
Amendment 744 #
Proposal for a regulation Article 17 – paragraph 3 a (new) 3 a. The substantive reasons for issuing the European Production Order or the European Preservation Order may be challenged in the issuing State, without prejudice to the guarantees of fundamental rights in the executing State.
Amendment 745 #
Proposal for a regulation Article 17 – paragraph 4 4. Without prejudice to Article 11, the issuing authority and the executing authority shall take the appropriate measures to ensure that information is provided in due time about the possibilities under national law for seeking remedies and ensure that they can be exercised effectively.
Amendment 746 #
Proposal for a regulation Article 17 – paragraph 4 4. Without prejudice to Article 11, the issuing authority and the enforcing authority shall take the appropriate measures to ensure that information is provided about the possibilities under national law for seeking remedies and ensure that they can be exercised effectively.
Amendment 747 #
Proposal for a regulation Article 17 – paragraph 6 6. Without prejudice to national procedural rules, Member States shall ensure that in criminal proceedings in the issuing State and the enforcing State the rights of the defence and
Amendment 748 #
Proposal for a regulation Article 17 – paragraph 6 a (new) 6 a. Electronic information that has been gathered in breach of this Regulation shall not be admissible before a court and shall immediately be erased.
Amendment 749 #
Proposal for a regulation Article 17 – paragraph 6 b (new) 6 b. Electronic information that is no longer necessary for the investigation or prosecution for which it was produced or preserved, shall immediately be erased. For this, Member States shall provide for appropriate time limits to be established for the erasure of electronic information produced or preserved or for a periodic review of the need of the storage of the electronic information. Procedural measures shall ensure that those time limits are observed.
Amendment 750 #
Proposal for a regulation Article 17 – paragraph 6 c (new) 6 c. The affected person shall be informed about the erasure.
Amendment 751 #
Proposal for a regulation Article 18 Amendment 752 #
Proposal for a regulation Article 18 – paragraph 1 If transactional or content data obtained by the European Production Order i
Amendment 753 #
Proposal for a regulation Article 19 – paragraph 2 – point a (a) the number of EPOCs and EPOC- PRs issued by type of data requested, addressees, service providers a
Amendment 754 #
Proposal for a regulation Article 19 – paragraph 2 – point a a (new) (a a) the number of EPOCs and EPOC- PRs issued under emergency case derogations, including specific and comprehensive details on circumstances and possible outcomes;
Amendment 755 #
Proposal for a regulation Article 19 – paragraph 2 – point a b (new) (a b) the number of EPOCs and EPOC- PRs issued making use of the possibility of the issuing authority to request the service provider to refrain from informing the person whose data is being sought pursuant to Article 11(1), including comprehensive information of the circumstances and possible later information pursuant to Article 11(2);
Amendment 756 #
Proposal for a regulation Article 19 – paragraph 2 – point b (b) the number of fulfilled and non- fulfilled EPOCs and EPOC-PRs by type of data requested, service providers addressed and situation (emergency case or not);
Amendment 757 #
Proposal for a regulation Article 19 – paragraph 2 – point b (b) the number of fulfilled and non- fulfilled EPOCs by type of data requested, addressees, service providers a
Amendment 758 #
Proposal for a regulation Article 19 – paragraph 2 – point b a (new) (b a) the number of EPOCs and EPOC- PRs that have been opposed or non- recognised by type of data requested, addressees, service providers affected, situation (emergency case or not), and the ground for non-recognition or non- execution applied;
Amendment 759 #
Proposal for a regulation Article 19 – paragraph 2 – point b a (new) (b a) the number of EPOCs and EPOC- PRs that have been objected to by the type of data requested, addressees, situation (emergency case or not) and the reason for objection.
Amendment 760 #
Proposal for a regulation Article 19 – paragraph 2 – point b a (new) (b a) the number of EPOCs and EPOC- PRs that have been objected to by type of data requested, addressees, situation(emergency case or not) and the ground for non-recognition raised;
Amendment 761 #
Proposal for a regulation Article 19 – paragraph 2 – point c (c) for fulfilled EPOCs, the average duration for obtaining the requested data from the moment the EPOC is issued to the moment it is obtained, by type of data requested, addressees, service providers a
Amendment 762 #
Proposal for a regulation Article 19 – paragraph 2 – point c a (new) (c a) for fulfilled EPOC-PRs, the average duration for the respective EPOC procedure following the EPOC-PR, from the moment the EPOC-PR is issued to the moment the EPOC is issued, by type of data requested and addressees;
Amendment 763 #
Proposal for a regulation Article 19 – paragraph 2 – point d Amendment 764 #
Proposal for a regulation Article 19 – paragraph 2 – point d a (new) (d a) the sanctions imposed in accordance with Article 13, by data requested, addressees, situation (emergency case or not) and amount of sanctions;
Amendment 765 #
Proposal for a regulation Article 19 – paragraph 2 – point e (e) the number of legal remedies used against European Production Orders and European Preservation Orders in the issuing State and in the e
Amendment 766 #
Proposal for a regulation Article 19 – paragraph 2 – point e (e) the number of legal remedies against European Production Orders and European Preservation Orders in the issuing State and in the e
Amendment 767 #
(e a) an overview of the costs claimed by service providers related to the execution of the EPOC and EPOC-PR and the costs reimbursed by issuing and executing authorities.
Amendment 768 #
Proposal for a regulation Article 19 – paragraph 2 a (new) 2 a. The Commission shall, by 30 June of each year, publish a report containing the data referred to in paragraph 2, in aggregate form and including a breakdown per Member State.
Amendment 769 #
Proposal for a regulation Article 19 – paragraph 2 a (new) 2 a. The Commission shall, by 30 June of each year, publish a report containing the data referred to in paragraph 2.
Amendment 770 #
Proposal for a regulation Article 20 A
Amendment 771 #
Proposal for a regulation Article 20 – title Amendment 772 #
Proposal for a regulation Article 20 – paragraph 1 The Commission shall adopt delegated acts in accordance with Article 21 to
Amendment 773 #
Proposal for a regulation Article 22 – paragraph 1 – introductory part 1. By
Amendment 774 #
Proposal for a regulation Article 22 – paragraph 1 – point b (b) the e
Amendment 775 #
Proposal for a regulation Article 22 – paragraph 1 – point b (b) the enforcing authority
Amendment 776 #
Proposal for a regulation Article 22 – paragraph 1 – point b a (new) (b a) the means and technical interfaces the issuing and executing authorities have at their disposal to receive or access data produced;
Amendment 777 #
Proposal for a regulation Article 22 – paragraph 1 – point c Amendment 778 #
Proposal for a regulation Article 22 – paragraph 1 – point c (c) the courts competent to deal with reasoned objections by addressees in accordance with Article
Amendment 779 #
Proposal for a regulation Article 23 – title Relationship to European Investigation Orders and Mutual Legal Assistance Procedures
Amendment 780 #
Proposal for a regulation Article 23 – title Relationship to European Investigation Orders and domestic orders
Amendment 781 #
Proposal for a regulation Article 23 – paragraph 1 Member States’ authorities may continue to
Amendment 782 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 1 (new) Member States’ authorities shall not issue domestic orders with extraterritorial effects for the gathering of electronic evidence that falls within the scope of this Regulation.
Amendment 783 #
Proposal for a regulation Article 24 – paragraph 1 By [5 years from the date of application of this Regulation] at the latest, the Commission shall carry out an evaluation of the Regulation and present a report to the European Parliament and to the Council
Amendment 784 #
Proposal for a regulation Article 24 – paragraph 1 By [
Amendment 785 #
Proposal for a regulation Article 24 – paragraph 1 By [
Amendment 786 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply from [
Amendment 787 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply from [
Amendment 788 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply from [
Amendment 789 #
Proposal for a regulation Article 25 – paragraph 2 a (new) No later than two years after this Regulation has entered into force, the Commission shall present a legislative proposal for integrating the European Production and Preservation Orders into Directive 2014/41/EU of the European Parliament and of the Council25a . _________________ 25aDirective 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, OJ L 130, 1.5.2014, p. 1.
Amendment 790 #
Proposal for a regulation Annex I – paragraph 1 Amendment 791 #
Proposal for a regulation Annex I – paragraph 1 Under Regulation (EU)….52 the
Amendment 792 #
Proposal for a regulation Annex I – paragraph 2 The addressees must take necessary measures to ensure the confidentiality of the EPOC and of the data produced or preserved.
Amendment 793 #
Proposal for a regulation Annex I – part A – paragraph 3 Addressee
Amendment 794 #
Proposal for a regulation Annex I – part B – paragraph 1 – subparagraph 1 [ ] within 10 days at the latest, where the executing authority has not invoked any grounds for non-recognition or non- execution during the same period:
Amendment 795 #
Proposal for a regulation Annex I – part B – paragraph 1 – subparagraph 2 – introductory part [ ] within
Amendment 796 #
Proposal for a regulation Annex I – part B – paragraph 1 – subparagraph 2 – subparagraph 1 [ ] an imminent threat to
Amendment 797 #
Proposal for a regulation Annex I – part B – paragraph 1 – subparagraph 3 Amendment 798 #
Proposal for a regulation Annex I – part C – paragraph 1 – subparagraph 1 [ ] the addresees must refrain from informing the person whose data is being sought of the EPOC because this could obstruct the relevant criminal investigations. Justification: ...
Amendment 799 #
Proposal for a regulation Annex I – part D – point i – paragraph 1 – introductory part [ ] subscriber data
Amendment 800 #
Proposal for a regulation Annex I – part D – point i – paragraph 2 Amendment 801 #
Proposal for a regulation Annex I – part D – point i – paragraph 3 – introductory part [ ] tra
Amendment 802 #
Proposal for a regulation Annex I – part D – point i – paragraph 3 – subparagraph -1 (new) -1 [] IP connection records / logs for identification purposes
Amendment 803 #
Proposal for a regulation Annex I – part D – point i – paragraph 3 – subparagraph 1 – introductory part [ ] other traffic data
Amendment 804 #
Proposal for a regulation Annex I – part D – point i – paragraph 3 – subparagraph 1 – point c – paragraph 3 a (new) [] prepaid balance charging history
Amendment 805 #
Proposal for a regulation Annex I – part D – point i – paragraph 3 – subparagraph 1 – point c – paragraph 4 Amendment 806 #
Proposal for a regulation Annex I – part D – point i – paragraph 4 – introductory part [ ] content data
Amendment 807 #
Proposal for a regulation Annex I – part D – point i – paragraph 4 – subparagraph -1 (new) -1 [] contact list
Amendment 808 #
Proposal for a regulation Annex I – part D – point ii – introductory part (ii)
Amendment 809 #
Proposal for a regulation Annex I – part D – point iii – introductory part (iii)
Amendment 810 #
Proposal for a regulation Annex I – part D – point iv – paragraph 1 [ ] the requested data was preserved in accordance with an earlier request for preservation issued by………………………….……………… …………………………..…… (indicate the authority, and,
Amendment 811 #
Proposal for a regulation Annex I – part D – point v – paragraph 2 – introductory part The current EPOC is issued for tra
Amendment 812 #
Proposal for a regulation Annex I – part D – point v – paragraph 2 – subparagraph 1 [ ] criminal offence(s) punishable in the issuing State by a custodial sentence of a maximum of at least
Amendment 813 #
Proposal for a regulation Annex I – part D – point v – paragraph 2 – subparagraph 3 Amendment 814 #
Proposal for a regulation Annex I – part D – point vi Amendment 815 #
Proposal for a regulation Annex I – part E – paragraph 1 – subparagraph 2 [ ] public prosecutor (for subscriber
Amendment 816 #
Proposal for a regulation Annex I – part E – paragraph 1 – subparagraph 3 [ ] public prosecutor (for tra
Amendment 817 #
Proposal for a regulation Annex I – part F – paragraph 1 – subparagraph 2 [ ] public prosecutor (for subscriber
Amendment 818 #
Proposal for a regulation Annex II – paragraph 1 Under Regulation (EU) ...53 the
Amendment 819 #
The addressees must take necessary measures to ensure the confidentiality of the EPOC-PR and of the data preserved or produced.
Amendment 820 #
Proposal for a regulation Annex II – part A – paragraph 3 Addressee
Amendment 821 #
Proposal for a regulation Annex II – part B – paragraph 1 – subparagraph 1 [ ] the addresees must refrain from informing the person whose data is being sought of the EPOC-PR because this could obstruct the relevant criminal investigations. Justification: ...
Amendment 822 #
Proposal for a regulation Annex II – part C – point i – paragraph 1 – introductory part [ ] subscriber data
Amendment 823 #
Proposal for a regulation Annex II – part C – point i – paragraph 2 Amendment 824 #
Proposal for a regulation Annex II – part C – point i – paragraph 3 – introductory part [ ] tra
Amendment 825 #
Proposal for a regulation Annex II – part C – point i – paragraph 3 – subparagraph -1 (new) -1 [ ] IP connection records / logs for identification purposes
Amendment 826 #
Proposal for a regulation Annex II – part C – point i – paragraph 3 – subparagraph 1 – introductory part [ ] other traffic data
Amendment 827 #
Proposal for a regulation Annex II – part C – point i – paragraph 3 – subparagraph 1 – point c – paragraph 2 a (new) [ ] prepaid balance charging history
Amendment 828 #
Proposal for a regulation Annex II – part C – point i – paragraph 3 – subparagraph 3 Amendment 829 #
Proposal for a regulation Annex II – part C – point i – paragraph 4 – subparagraph -1 (new) -1 [] contact list
Amendment 830 #
Proposal for a regulation Annex II – part C – point ii – introductory part (ii)
Amendment 831 #
Proposal for a regulation Annex II – part C – point iii – introductory part (iii)
Amendment 832 #
Proposal for a regulation Annex III – part B – paragraph 1 Amendment 833 #
Proposal for a regulation Annex III – part C – paragraph 4 Amendment 834 #
Proposal for a regulation Annex III – part D – title D Reasons for impossibility of executing the EPOC/EPOC-PR
Amendment 835 #
Proposal for a regulation Annex III – part D – point i – paragraph 4 [ ] force majeure or de facto impossibility
Amendment 836 #
Proposal for a regulation Annex III – part D – point i – paragraph 10 [ ] based on the sole information contained in the EPOC / EPOC-PR, it is apparent that the EPOC / EPOC-PR manifestly violates the Charter of Fundamental Rights or is manifestly abusive
Amendment 837 #
Proposal for a regulation Annex III – part D a (new) Da SECTION D a:Grounds for non- recognition or non-execution 1.Mandatory grounds for non-recognition or non-execution: [ ] the execution of the European Production Order or European Preservation Order would be contrary to the principle of ne bis in idem; [ ] there are substantial grounds to believe that the execution of the European Production Order or European Preservation Order would be incompatible with a Member State's obligations in accordance with Article 6 TEU and the Charter; [ ] there is an immunity or a privilege under the law of the executing State, or, where applicable, the affected State; [ ] the EPOC or EPOC-PR has been issued in criminal proceedings and the investigative measure would not be authorised under the law of the executing State in a similar domestic case. 2.Optional grounds for non-recognition or non-execution: [ ] the conditions for issuing a European Production Order or European Preservation Order, as laid down in Articles 5 and 6 of this Regulation are not fulfilled; [ ] the EPOC or the EPOC-PR 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), (4) and (5) and Article 10 (4) and (5) of this Regulation; [ ] in a specific case the execution of the European Production Order or European Preservation 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; [ ] the European Production Order or European Preservation Order relates to a criminal offence which is alleged to have been committed outside the territory of the issuing State and the law of the executing State does not allow prosecution for the same offence when committed outside its territory;or the EPOC or the EPOC-PR relates to a criminal offence which is alleged to have been committed wholly or partially on the territory of the executing State; [ ] the conduct for which the EPOC or the EPOC-PR 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; [ ] the execution of the European Production Order or European Preservation Order is restricted under the law of the executing State to a list or category of offences or to offences punishable by a higher threshold; [ ] compliance with the European Production Order or the European Preservation Order would conflict with applicable laws of a third country that prohibit disclosure of the data concerned in accordance with the national law of the executing state.
Amendment 838 #
Proposal for a regulation Annex III – part G – paragraph 1 – subparagraph 1 [ ] will be preserved
Amendment 839 #
Proposal for a regulation Annex III – part G – paragraph 1 – subparagraph 2 [ ] will not be produced or preserved since the information provided in the EPOC / EPOC-PR does not allow to identify it
Amendment 840 #
Proposal for a regulation Annex III – part G – paragraph 1 – subparagraph 2 a (new) [ ] will not be produced or preserved since one of the grounds for non-recognition or non-execution exists.
Amendment 841 #
Proposal for a regulation Annex III – part H – title source: 644.870
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| committees/1/shadows |
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| procedure/dossier_of_the_committee |
LIBE/8/12854
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2018-05-24Show (1) Changes | Timetravel
| activities/0/docs/0/text |
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2018-05-20Show (2) Changes | Timetravel
| committees/1/date |
2018-05-24T00:00:00
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| committees/1/rapporteur |
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2018-05-18Show (1) Changes | Timetravel
| procedure/Mandatory consultation of other institutions |
European Economic and Social Committee
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2018-05-03Show (5) Changes
| activities |
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