2020/0345(COD) | [ParlTrack]

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Recital 15 a (new)

(15 a) Member States should should supervise their authorised e-CODEX access points, for which they are responsible, in particular when they are operated by entities that are not public authorities. Member States should ensure that adequate data security measures are in place.

Amendment 102 #

Proposal for a regulation
Recital 15 a (new)

(15 a) Those entities that cannot be framed within the competences of a Union institution, body, office or agency or a Member State should be allowed to nominate correspondents who are entitled to receive support on how to use the e- CODEX system.

Amendment 103 #

Proposal for a regulation
Recital 15 a (new)

(15 a) Member States should supervise their authorised e-CODEX access points, with closer scrutiny as regards private companies, in particular with respect to the mandatory data security measures to be put in place.

Amendment 104 #

(16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive data on the use of cross- border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in Annex I. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not con~~stitute~~tain personal data.

Amendment 105 #

Proposal for a regulation
Recital 16

(16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive statistical data on the use of cross- border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in Annex I. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not constitute personal data.

Amendment 106 #

Proposal for a regulation
Recital 17

(17) eu-LISA should maintain a high level of security when carrying out its tasks. When undertaking further technical evolutions of software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation ~~(EU) 2018/1725~~s (EU) 2016/6791a and (EU) 2018/17251b of the European Parliament and of the Council, as well as with Directive 2002/58/EC of the European Parliament and of the Council1c. The entities operating the authorised e-CODEX access point should bear the responsibility for the security and the protection of the data transmitted via their access points. _________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1bRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 1cDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 237).

Amendment 107 #

Proposal for a regulation
Recital 17

(17) eu-LISA should maintain a high level of security when carrying out its tasks. When u~~ndertaking further technical evolutions of~~pdating software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725. The entities operating the authorised e-CODEX access point should bear the responsibility for the security of the data transmitted via their access points.

Amendment 108 #

Proposal for a regulation
Recital 17

(17) eu-LISA should maintain a high level of security when carrying out its tasks. When ~~undertaking further technical evolutions of~~developing upgrades to the software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725. The entities operating the authorised e-CODEX access point should bear the responsibility for the security of the data transmitted via their access points.

Amendment 109 #

Proposal for a regulation
Recital 19

(19) In order to allow eu-LISA to prepare the takeover adequately, the entity managing the e-CODEX system should prepare by 31 December 20221 a handover document setting out the detailed arrangements for the transfer of the e- CODEX system, including the criteria for a successful handover process and its completion, in accordance with implementing acts adopted by the Commission pursuant to this Regulation. The handover document should cover the components of the e-CODEX system including the gateway, the connector and the digital procedural standards, as well as the relevant supporting products. The Commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document, and the takeover should only take place once the Commission has declared that the process has been successfully completed. After submitting the handover document and until the successful handover of the e-CODEX system to eu-LISA, the entity managing the e-CODEX system should not deliver any new release but should only ensure corrective maintenance activities of the e- CODEX system.

Amendment 110 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL

Proposal for a regulation
Recital 19

Amendment 111 #

Proposal for a regulation
Recital 19

(19) In order to allow eu-LISA to prepare the takeover adequately, the entity managing the e-CODEX system should prepare by 3~~1 December~~0 June 2022 a handover document setting out the detailed arrangements for the transfer of the e- CODEX system, including the criteria for a successful handover process and its completion, in accordance with implementing acts adopted by the Commission pursuant to this Regulation. The handover document should cover the components of the e-CODEX system including the gateway, the connector and the digital procedural standards, as well as the relevant supporting products. The Commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document, and the takeover should only take place once the Commission has declared that the process has been successfully completed. After submitting the handover document and until the successful handover of the e-CODEX system to eu-LISA, the entity managing the e-CODEX system should not deliver any new release but should only ensure corrective maintenance activities of the e- CODEX system.

Amendment 112 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Recital 20

(20) The handover should also ensure that any intellectual property rights or usage rights relating to the e-CODEX system and the relevant supporting products are transferred so as to enable eu- LISA to carry out its responsibilities under this Regulation. However, for the main software components of the system, a contractual transfer should not be needed, as the Domibus software is open source and covered by the European Union Public Licence (EUPL). Maintenance and improvements of the software should maintain that licence or make use of compatible open source licencing, and where appropriate, source code contribution policies put into place.

Amendment 113 #

Proposal for a regulation
Recital 21

(21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. Entities created and managed by public international organisations operating authorised e-CODEX access points should be given a deadline to provide eu-LISA with information about the access points operated by them.

Amendment 114 #

Proposal for a regulation
Recital 21

(21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. but also Union organisations. The information on the evaluation of the e-CODEX system should be regularly transmitted by the Commission to the European Parliament and to the Council.

Amendment 115 #

Proposal for a regulation
Recital 21 a (new)

(21 a) To enable the European Parliament and the Council, as co- legislators, to assess the success of the transfer of the e-CODEX system and how well the e-CODEX system functions in general, the Commission should produce an overall evaluation of the e-CODEX system. This evaluation should be prepared for the first time, three years after eu-LISA takes over responsibility for the e-CODEX system and every three years thereafter.

Amendment 116 #

Proposal for a regulation
Recital 22

(22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Regulation (EU) 2016/679 of the European Parliament and the Council35 ~~and~~, Directives (EU) 2016/68036 and 2002/58/EC of the European Parliament and the Council36 , aapply to the processing of personal data carried out by e-CODEX access points, operated by authorised e- CODEX access points which are established within the territory of the Member States according to this Regulation. _________________ 35Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 36aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Amendment 117 #

Proposal for a regulation
Recital 22

(22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Directive 2002/58/EC of the European Parliament and of the Council34a, Regulation (EU) 2016/679 of the European Parliament and the Council35 and Directive (EU) 2016/680 of the European Parliament and the Council36 , apply to the processing of personal data carried out by e-CODEX access points, operated by authorised e- CODEX access points which are established within the territory of the Member States according to this Regulation. _________________ 34aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 35Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

Amendment 118 #

Proposal for a regulation
Recital 23 a (new)

(23 a) The e-CODEX system should in principle be open to third-country participation, and the Commission should examine its feasibility and, if necessary, make a legislative proposal to allow such participation and establish rules and protocols to that effect.

Amendment 119 #

Caterina CHINNICI, Isabel SANTOS

Proposal for a regulation
Recital 23 a (new)

(23 a) The e-CODEX system should in principle be open to third-country participation, and the Commission should study the feasibility of third-country participation and if necessary make a legislative proposal to allow for such participation and to lay down rules and protocols to that end.

Amendment 120 #

Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 a (new)

Nothing in this Regulation can be understood as limiting, expanding or otherwise changing Member States' or the Union's legal or administrative definitions, concepts or competences.

Amendment 121 #

Cristian TERHEŞ

Proposal for a regulation
Article 1 – paragraph 1 a (new)

Nothing in this Regulation can be understood as limiting, expanding or otherwise changing Member States' or the Union's legal or administrative definitions, concepts or competences.

Amendment 122 #

Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)

(c a) minimum standards for the security of hardware and software infrastructure.

Amendment 123 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL

Proposal for a regulation
Article 2 – paragraph 1

This Regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 17a in order to amend Annex I by adding to the list included therein further legal acts providing for procedures that fall within the area of judicial cooperation in civil and criminal matters.

Amendment 124 #

Proposal for a regulation
Article 2 – paragraph 1

This Regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex I. The Commission is empowered to adopt delegated acts concerning the amendments of Annex I in order to include further legal acts adopted in the area of judicial cooperation.

Amendment 125 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Article 2 – paragraph 1

Amendment 126 #

Proposal for a regulation
Article 2 – paragraph 1

This Regulation shall apply to the electronic transmission of information in the context of judicial cooperation in cross-border civil and criminal ~~proceeding~~matters by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation ~~listed in Annex I~~in civil and criminal matters within the competence of the Union.

Amendment 127 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) ‘authorised e-CODEX access point’ means an e-CODEX access point ~~which has been notified to eu-LISA~~authorised under national or Union law which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating a digital procedural standard as referred to in Article 4(3);.

Amendment 128 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been ~~notified to eu-LISA~~authorised under national or Union law and which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating a digital procedural standard as referred to in Article 4(3);

Amendment 129 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) ‘authorised e-CODEX access point’ means an e-CODEX access point ~~which has been notified to eu-LISA~~authorised under national or Union law which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating aone or more digital procedural standards as referred to in Article 4(3);

Amendment 130 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(b a) ‘e-CODEX correspondent’ means an entity designated by a Member State, the Commission or any other competent party, as competent to request and receive technical support as referred to in point (f) of Article 6(2) from eu-LISA in relation to the e-CODEX system;

Amendment 131 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(b a) 'e-CODEX correspondent' means an entity designated by a Member State or the Commission as competent to request and receive technical support from eu- LISA in relation to the e-CODEX system.

Amendment 132 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) ‘entity operating an authorised e- CODEX access point’ means a Union institution, body, orffice, agency or organisation, a national public authority or legal person which is operating an authorised e-CODEX access point;

Amendment 133 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘central testing platform’ means an e-CODEX access point used exclusively for testing, that provides a set of functions which can be used by entities operating authorised e-CODEX access points to verify the correct operation of their access points and the correct use of the e-CODEX digital procedural standards in the connected systems linked to these access points, while ensuring the integrity and availability of the rest of the e-CODEX system;

Amendment 134 #

Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)

(g a) ‘e-CODEX correspondent’ means a person, designated by a Member State, by the Commission or by entities created and managed by public international organisations operating an authorised e- CODEX access point, who can receive support from eu-LISA concerning the e- CODEX system components in accordance with point (f) of Article 6(2);

Amendment 135 #

Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)

(g a) ‘digital procedural standard’ means all relevant technical specifications on business process models, data schemes and data exchanges, based on the Union e-Justice Core Vocabulary supporting the structure of the e-CODEX system.

Amendment 136 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Non-discrimination and respect for fundamental rights The fundamental rights and freedoms of all persons implicated in the electronic exchange of information through the e- CODEX system, in particular the right to equal access to justice, the right to a fair trial, the principle of non-discrimination and the right to protection of personal data and privacy, shall be fully observed and respected in accordance with Union law.

Amendment 137 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Legal effects of electronic documents Documents that are transmitted through the e-CODEX system shall not be denied legal effect or considered inadmissible as evidence in the proceeding solely on the grounds that they are in electronic form.

Amendment 138 #

Caterina CHINNICI

Proposal for a regulation
Article 3 a (new)

Article 3 a Legal effects of electronic documents An electronic document shall not be denied legal effect and the admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form.

Amendment 139 #

Proposal for a regulation
Article 4 – paragraph 3

3. A digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in Annex I. Digital procedural standards for the purposes of this Regulation shall be laid down by the Commission in implementing acts and developed by eu- LISA.

Amendment 140 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 141 #

Proposal for a regulation
Article 4 – paragraph 3

3. A digital procedural standard shall consist of the business process models ~~and the templates~~ defining the electronic format of the documents used in the context of the procedures laid down by the legal acts ~~listed in Annex I~~referred to in Article 2.

Amendment 142 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. By 31 December 20221 the Commission shall establish, by means of implementing acts:

Amendment 143 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. By 31 December 20221 the Commission shall establish, by means of implementing acts:

Amendment 144 #

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission ~~may~~shall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).

Amendment 145 #

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission ~~may~~shall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).

Amendment 146 #

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission ~~may~~shall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).

Amendment 147 #

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3 a. The provisions of the implementing acts shall be drawn up paying special attention to the guarantees laid down by the Charter of Fundamental Rights of the European Union, as well as to the provisions of Directive 2016/343 on the right to be presumed innocent and to be present at trial, Directive 2013/48 on the right of access to a lawyer, Directive 2012/13 on the right to information and the Directive 2010/64 on the right to interpretation and translation.

Amendment 148 #

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3 a. The provisions of the implementing acts shall be drawn up paying special attention to the guarantees laid down by the Charter, as well as to the provisions of Directive (EU) 2016/343 on the right to be presumed innocent and to be present at trial, Directive 2013/48/EU on the right of access to a lawyer, Directive 2012/13/EU on the right to information and the Directive 2010/64/EU on the right to interpretation and translation.

Amendment 149 #

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3 a. The Commission is empowered to adopt delegated acts to supplement this Regulation by extending the judicial procedures covered by the e-CODEX system and by delineating the competence of eu-LISA, following preparatory consultations with relevant stakeholders and experts.

Amendment 150 #

Proposal for a regulation
Article 5 – paragraph 4

4. The Commission shall maintain a list of authorised e-CODEX access points which are operated by Union institutions, bodies, offices and agencies, as well as European organisations, and the cross- border civil and criminal ~~procedure~~matters as well as ~~forms~~the digital procedural standards with which each access point is authorised to ~~apply~~operate. It shall notify the changes to eu- LISA without delay, without prejudice to the annual notification provided for in Article 14.

Amendment 151 #

Proposal for a regulation
Article 6 – paragraph 1

1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II. It shall be responsible for ensuring that the technical standards and specifications of the e-CODEX system are implemented in a way that does not undermine the guarantees of Title VI of the Charter.

Amendment 152 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Article 6 – paragraph 1

1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II. It shall be responsible for ensuring that the standards and technical specifications of the e-CODEX system are implemented in such a way as not to undermine the safeguards of Title VI of the Charter of Fundamental Rights of the European Union.

Amendment 153 #

Proposal for a regulation
Article 6 – paragraph 1

1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, as well as for maintaining a high level of security standards throughout the process, while carrying out its tasks, as referred to in Article 10.

Amendment 154 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Article 6 – paragraph 1

Amendment 155 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 156 #

Proposal for a regulation
Article 6 – paragraph 2 – point g

(g) maintenance and distribution to the authorised e-CODEX access points of the ~~business process models, of the template~~digital procedural standards defining the electronic format of d~~ocuments~~ata referred to in Article 4(3) and of the underlying pre- defined collection of data models;

Amendment 157 #

Proposal for a regulation
Article 6 – paragraph 2 – point j

(j) preparation and distribution to the authorised e-CODEX access points of new ~~business process models and templates defining the electronic format of documents referred to in Article 4(3),~~ digital procedural standards, including by organising and facilitating workshops with the e-CODEX correspondents.

Amendment 158 #

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. eu-LISA shall be responsible for the following additional tasks, in accordance with the conditions laid down in the relevant delegated acts:

Amendment 159 #

Proposal for a regulation
Article 6 – paragraph 3 – point c

(c) informing the general public ~~through the Internet about e-CODEX, by means of a set of large-scale communication channels, such as websites or social media platforms~~about e-CODEX;

Amendment 160 #

Proposal for a regulation
Article 6 – paragraph 3 – point c

(c) informing the general public ~~through the Internet~~ about e-CODEX, by means of a set of large-scale communication channels, ~~such as~~including but not limited to, websites or social media platforms;

Amendment 161 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL

Proposal for a regulation
Article 7 – paragraph 1

1. Member States shall maintain a list of authorised e-CODEX access points, operated within their territory and, when relevant, operated in third countries, and the cross-border civil and criminal procedures as well as ~~form~~the digital procedural standards which each access point is authorised to apply. They shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.

Amendment 162 #

Proposal for a regulation
Article 7 – paragraph 2

2. Each Member State shall designate up to five e-CODEX correspondents. Only those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f). Those correspondents shall be entitled to request and receive technical support on behalf of all authorised e-CODEX access points in the Member States. Each Member State shall communicate a list of its designated e-CODEX correspondents and any modification thereto to the Commission and eu-LISA.

Amendment 163 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR

Proposal for a regulation
Article 7 – paragraph 2

2. Each Member State shall designate up to ~~five~~ten e-CODEX correspondents. Only those correspondents, as defined in point (ba) of Article 3 shall be entitled to request and receive the technical support referred to in Article 6(2)(f).

Amendment 164 #

Proposal for a regulation
Article 7 – paragraph 2

2. Each Member State shall designate up to five e-CODEX correspondents. ~~Only t~~Those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f).

Amendment 165 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2 a. Member States shall inform the general public, in particular individuals and organisations involved in or affected by a judicial process about e-CODEX, including through websites and social media platforms.

Amendment 166 #

Proposal for a regulation
Article 8 – paragraph 1

1. The entity operating an authorised e-CODEX access point shall be responsible for its secure and lawful set-up and operation. This responsibility shall include the necessary adaptations to the connector referred to in Article 4(2)(b) to make it compatible with any connected systems and any other necessary technical adaptations to its connected systems.

Amendment 167 #

Proposal for a regulation
Article 8 – paragraph 2

2. The entity operating an authorised e-CODEX access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts ~~listed in Annex I~~referred to in Article 2.

Amendment 168 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Article 8 – paragraph 3

3. The responsibility for any damage resulting from the operation of an authorised e-CODEX access point and any connected systems shall be borne by the entity operating that authorised e-CODEX access point, which can claim compensation from a responsible third person or entity, under judicial oversight, when relevant.

Amendment 169 #

Proposal for a regulation
Article 8 – paragraph 3 a (new)

3 a. Entities created and managed by public international organisations operating an authorised e-CODEX access points shall be entitled to designate one e- CODEX correspondent. Those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f).

Amendment 170 #

Proposal for a regulation
Article 9 – paragraph 1

1. The entity managing the e-CODEX system shall, by 31 December 20221 at the latest, submit a common handover document to eu-LISA specifying the detailed arrangements for the transfer of the e-CODEX system, including the criteria for a successful handover process and completion and related documentation, as established by the implementing acts pursuant to Article 5(1)(c), including provisions on intellectual property rights or usage rights relating to the e-CODEX system and the supporting software listed in Annex II enabling eu-LISA to carry out its responsibilities in accordance with Article 6.

Amendment 171 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL

Proposal for a regulation
Article 9 – paragraph 1

Amendment 172 #

Proposal for a regulation
Article 9 – paragraph 1

1. The entity managing the e-CODEX system shall, by 3~~1 December~~0 June 2022 at the latest, submit a common handover document to eu-LISA specifying the detailed arrangements for the transfer of the e- CODEX system, including the criteria for a successful handover process and completion and related documentation, as established by the implementing acts pursuant to Article 5(1)(c), including provisions on intellectual property rights or usage rights relating to the e-CODEX system and the supporting software listed in Annex II enabling eu-LISA to carry out its responsibilities in accordance with Article 6.

Amendment 173 #

Proposal for a regulation
Article 9 – paragraph 2

2. During a period of not more than six months after the delivery of the handover document referred to in paragraph 1 a handover/takeover process shall take place between the entity managing the e-CODEX system and eu- LISA. During that period, the entity managing the e-CODEX system shall retain full responsibility for the e- CODEX system and shall ensure that only corrective maintenance activities are performed in the system, excluding any other types of changes to the system. It shall, in particular, not deliver any new release of the e-CODEX system.

Amendment 174 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Article 9 – paragraph 3

3. The Commission shall monitor the handover/takeover process in order to ensure that the detailed arrangements of the process are correctly implemented by the entity managing the e-CODEX system and eu-LISA, on the basis of the criteria referred to in paragraph 1. The Commission shall update the European Parliament and the Council by 31 July 2023 on the handover/takeover process.

Amendment 175 #

Proposal for a regulation
Article 9 – paragraph 4

4. eu-LISA shall take over responsibility for the e-CODEX system at the date when the Commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 ~~and~~ not earlier than on 1 July 2023 but not later than on 31 December 2023.

Amendment 176 #

Proposal for a regulation
Article 9 – paragraph 4

Amendment 177 #

Proposal for a regulation
Article 9 – paragraph 4

Amendment 178 #

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1

It shall without delay notify any security issue to eu-LISA and to the Member State that maintains the list of authorised e- CODEX access points where that access point is listed, or, in the case of an access point operated by a Union institution, body or, agency or organisation, to the Commission.

Amendment 179 #

Proposal for a regulation
Article 11 – paragraph 1

1. As from 1 January 2023, the e- CODEX Advisory Group established pursuant to Article 27(dc) of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States and in the relevant structures using e- CODEX. The Advisory Group shall be informed of any security issues.

Amendment 180 #

Proposal for a regulation
Article 11 – paragraph 1

1. As from 1 January 20232, the e- CODEX Advisory Group established pursuant to Article 27(dc) of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States. The Advisory Group shall be informed of any security issues.

Amendment 181 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Article 11 – paragraph 1

Amendment 182 #

Proposal for a regulation
Article 11 – paragraph 2

2. During the handover/takeover process the e-CODEX Advisory Group shall be chaired by eu-LISA and shall meet regularly, at least every second month, until the takeover process is successfully completed.

Amendment 183 #

Proposal for a regulation
Article 11 – paragraph 4

4. The e-CODEX Advisory Group shall involve in its work the ~~professional organisation~~legal practitioners, other experts and other stakeholders, which participated in the management of the e-CODEX system at the time of its handover and which can provide technical support for the further operation of the e-CODEX system, notably by providing scientific research support.

Amendment 184 #

Proposal for a regulation
Article 11 – paragraph 4

4. The e-CODEX Advisory Group shall involve in its work the professional organisations representing those involved in the administration of justice at Member State level, and other stakeholders, which participated in the management of the e- CODEX system at the time of its handover.

Amendment 185 #

Proposal for a regulation
Article 12 – paragraph 1

1. By 1 January 20232, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board composed of ten members.

Amendment 186 #

Proposal for a regulation
Article 12 – paragraph 1

1. By 1 January 20232, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board composed of ten members.

Amendment 187 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Article 12 – paragraph 1

1. By 1 January 2023, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board ~~composed of ten members~~.

Amendment 188 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Programme Management Board shall be composed of eight members appointed by the Management Board, the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system. The members of the Programme Management Board can be appointed from among the experts taking part in the Advisory Group.

Amendment 189 #

Proposal for a regulation
Article 12 – paragraph 2

2. The Programme Management Board shall be composed of e~~ight members appointed by the Management Board,~~leven members: the Chair of the Advisory Group referred to in Article 11 ~~and one member appointed by the Commission~~, eight members appointed by the Management Board, one member appointed by the Commission and one member appointed by the Parliament. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e- CODEX system, with at least half of them being women.

Amendment 190 #

2. The Programme Management Board shall be composed of eight members appointed by the Management Board, the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system , as well as extensive experience in the justice field.

Amendment 191 #

Proposal for a regulation
Article 12 – paragraph 5 – point d

(d) admission of experts to the meetings, including professional organisations representing those involved in the administration of justice at Member State level, and other stakeholders, participating in the management of the e- CODEX system at the moment of its handover;

Amendment 192 #

Proposal for a regulation
Article 12 – paragraph 5 – point d

(d) admission of experts to the meetings, including professional organisations and other stakeholders, including from academia, participating in the management of the e- CODEX system at the moment of its handover;

Amendment 193 #

Proposal for a regulation
Article 12 a (new)

Article 12 a When carrying out their responsibilities under this Regulation, all entities shall respect the principle of the separation of powers and ensure that their decisions and actions respect the principle of the autonomy and independence of the judiciary.

Amendment 194 #

Proposal for a regulation
Article 13 – paragraph 1

eu-LISA shall perform tasks related to the provision of training on the technical use of the e-CODEX system towards all relevant stakeholders in accordance with Regulation (EU) 2018/1726, including provision of online training material.

Amendment 195 #

Proposal for a regulation
Article 14 – paragraph 1 – point d

(d) the number and type of incidents encountered by entities operating authorised e-CODEX access points ~~within the territory of the Member State~~ and impacting the security of the e-CODEX system.

Amendment 196 #

Proposal for a regulation
Article 14 – paragraph 2 – point a

(a) the list of authorised e-CODEX access points ~~that are operated by Union institutions, bodies and agencies,~~ and the cross-border civil and criminal procedures and forms that each e- CODEX access point is authorised to apply, referred to in Article 5(4);

Amendment 197 #

(c) the number of messages sent and received by each authorised e-CODEX access point ~~operated by Union institutions, bodies and agencies,~~ grouped by corresponding authorised e-CODEX access point and cross-border civil and criminal procedure;

Amendment 198 #

Proposal for a regulation
Article 14 – paragraph 2 – point d

(d) the number and type of incidents encountered by entities operating authorised e-CODEX access points that are ~~operated by Union institutions, bodies and agencies and~~ impacting the security of the e-CODEX system.

Amendment 199 #

Franco ROBERTI

Proposal for a regulation
Article 15 – paragraph 3

3. For the first time, three years after eu-LISA takes over responsibility for the e- CODEX system, and every ~~four~~three years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. It shall also include an assessment of the effect of the use of e-CODEX on equality of arms in the context of cross-border criminal proceedings. In that regard, it shall assess the access enjoyed and use of e-CODEX by representatives of suspects and accused persons in criminal proceedings. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation. The Commission shall transmit the evaluation report to the European Parliament and the Council.

Amendment 200 #

Proposal for a regulation
Article 15 – paragraph 3

3. For the first time, three years after eu-LISA takes over responsibility for the e- CODEX system, and every four years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation on objective grounds and shall, as a first step, propose any necessary improvements. The Commission shall transmit the evaluation report to the European Parliament and the Council.

Amendment 201 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR

Proposal for a regulation
Article 15 – paragraph 3

3. For the first time, t~~hree~~wo years after eu-LISA takes over responsibility for the e- CODEX system, and every ~~four~~three years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation. The Commission shall transmit the evaluation report to the European Parliament and the Council.

Amendment 202 #

Proposal for a regulation
Article 16 a (new)

Article 16 a 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of 5 years from ... [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Amendment 203 #

Proposal for a regulation
Article 17 a (new)

Article 17 a Exercise of the delegation 1. The power to adopted delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council. 6. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 48 #

Proposal for a regulation
Recital 1

(1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation ~~between the Member States~~in civil and criminal matters between the Member States, while ensuring the right to a fair trial and upholding the rights of the defence, are among the main objectives of the EU’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty.

Amendment 49 #

Proposal for a regulation
Recital 1

(1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation in civil, commercial and criminal matters between the Member States are among the main objectives of the EU’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty.

Amendment 50 #

Proposal for a regulation
Recital 1 a (new)

(1 a) Effective access to justice requires the protection of the procedural rights established by the European Charter of Fundamental Rights, in particular by Title IV, Justice, and by the European Convention on Human Rights.

Amendment 51 #

Proposal for a regulation
Recital 1 a (new)

(1 a) Effective access to justice requires the protection of procedural rights established by the Charter of Fundamental Rights of the European Union (the 'Charter'), in particular Title VI thereof, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Amendment 52 #

Proposal for a regulation
Recital 2

Amendment 53 #

Proposal for a regulation
Recital 2

(2) It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data. Such a system, enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities, when provided forby national or Union law, should contribute to improving access to justice. Such a system, in common with all e-justice systems, should not undermine the provisions of Directive (EU) 2016/343 of the European Parliament and of the Council1a on the right to be presumed innocent and to be present at trial, Directive 2013/48/EU of the European Parliament and of the Council1b on the right of access to a lawyer, Directive 2012/13/EU of the European Parliament and of the Council1c on the right to information, and Directive 2010/64/EU of the European Parliament and of the Council1d on the right to interpretation and translation. _________________ 1aDirective (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ L 65, 11.3.2016, p. 1). 1b Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1). 1c Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2021, p. 1). 1dDirective 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).

Amendment 54 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Recital 2

Amendment 55 #

Proposal for a regulation
Recital 2

Amendment 56 #

Proposal for a regulation
Recital 2 a (new)

(2 a) Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice and ensuring the rights to an effective remedy and to a fair trial.

Amendment 57 #

Proposal for a regulation
Recital 2 b (new)

(2 b) Special attention should be paid to respect the lines between distinct Union policy fields, notably criminal justice and internal security, so that the role of criminal justice and the democratic oversight are not undermined. Reciprocal judicial scrutiny of cross-border data- gathering measures should remain a key requirement of Union judicial cooperation in criminal matters, and constitute a key legal certainty factor.

Amendment 58 #

Caterina CHINNICI

Proposal for a regulation
Recital 4

(4) The e-CODEX system is a tool specifically designed to be adopted on a preferential basis to facilitate the cross- border electronic exchange of ~~messages in the justice area~~content by electronic means, in the field of judicial cooperation, both in civil and criminal proceedings. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between the competent authorities and facilitate access to justice of citizens and businesses. It has been managed up to date by a consortium of Member States and organisations with funding from Union programmes

Amendment 59 #

Caterina CHINNICI, Isabel SANTOS

Proposal for a regulation
Recital 4

(4) The e-CODEX system is a tool specifically designed to facilitate the cross- border electronic exchange of messages in the justice area. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between the competent authorities and facilitate access to justice of citizens and businesses. IUntil now, it has been managed ~~up to date~~ by a consortium of Member States and organisations with funding from Union programmes.

Amendment 60 #

Proposal for a regulation
Recital 4 a (new)

(4 a) As part of the digitalisation process of justice, the e-CODEX system will foster the development of interoperable national systems in close coordination at the level of the Union, helping to improve access to justice for citizens and businesses, facilitate judicial cooperation and ensure mutual trust between Member States and, therefore, ensure the security of communications.

Amendment 61 #

Ramona STRUGARIU, Michal ŠIMEČKA, Hilde VAUTMANS, Olivier CHASTEL, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Recital 4 a (new)

(4 a) The e-CODEX system is conceived as the preferred instrument in order to facilitate the interoperable, secure and decentralised communication network between national IT systems in the area of cross-border judicial cooperation in civil and criminal matters.

Amendment 62 #

Proposal for a regulation
Recital 4 a (new)

(4 a) The e-CODEX system should be the preferred solution for an interoperable, decentralised and secure platform for cross-border judicial cooperation in civil and criminal matters.

Amendment 63 #

Proposal for a regulation
Recital 5

~~(5)~~ The e-CODEX system consists of ~~(5)~~ two software elements: the Domibus Gateway software for the exchange of messages with other gateways and the Domibus connector software, which should provides a number of functionalities related to the transmission of messages between national systems. The gateway is based on the eDelivery building block maintained by the Commission, while the operational management of the connector is carried out by a consortium of Member States and organisations with funding from Union Programmes (the entity managing the e- CODEX system). The connector software should provides functions such as verification of electronic signatures via a security library and proof of delivery. In addition, the entity managing the e- CODEX system ~~has developed templates for digital forms to be used in the specific civil and criminal procedures for which it has piloted~~should contribute to develop procedural standards defining the electronic structure of the data exchanged to be used in the specific civil and criminal procedures under the e-CODEX system. Such standards should be laid down in implementing acts establishing the detailed rules on the use of the e- CODEX system.

Amendment 64 #

Proposal for a regulation
Recital 6

(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should ensure the protection of fundamental rights as provided for in the Charter, in particular those outlined in Title VI and Article 47 on the right to an effective remedy and to a fair trial. It shall in no way undermine the protection of procedural rights that are essential to the protection of those rights, including those stemming from Directives (EU) 2016/343, 2013/48/EU, 2012/13/EU and 2010/64/EU, and to facilitate judicial cooperation between the Member States. It should also clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability and security. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models ~~and templates~~ defining the electronic format of the d~~ocuments us~~ata exchanged in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation in civil and criminal matters and to enable the exchange of information between the access points.

Amendment 65 #

Proposal for a regulation
Recital 6

(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. ~~Such~~This legal framework should ~~clearly define and fram~~effectively ensure the protection of fundamental rights as provided for in Title VI of the Charter of Fundamental Rights of the European Union, in particular in Article 47 on the right to an effective remedy and to a fair trial. This legal framework should equally clearly frame and define the components of the e-CODEX system in order to guarantee its technical sustainability. The ~~system~~framework should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.

Amendment 66 #

Proposal for a regulation
Recital 6

(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. It should also ensure equality of arms in the context of cross- border criminal proceedings, by ensuring equal access to the e-CODEX system for prosecutors and those representing the prosecution, on the one hand, and representatives of suspects and accused persons, on the other. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.

Amendment 67 #

Proposal for a regulation
Recital 6

(6) Given the importance of the e- CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should effectively ensure the protection of fundamental rights as they are guaranteed in the Title VI of the Charter , in particular in Article 47 thereof on the right to an effective remedy and to a fair trial. Such legal framework should also clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. The ~~system~~framework should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.

Amendment 68 #

Caterina CHINNICI, Isabel SANTOS

Proposal for a regulation
Recital 6

Amendment 69 #

Proposal for a regulation
Recital 6 a (new)

(6 a) In order to enhance electronic cross-border transmission of documents through the decentralised IT system, such documents should not be denied legal effect and should not be considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of such documents as evidence in accordance with national law. It should also be without prejudice to national law regarding the conversion of documents.

Amendment 70 #

Proposal for a regulation
Recital 7

(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while ~~taking into account the independence of the national judiciaries, an appropriate entit~~ensuring the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated. In order to ensure the independence of the national judiciaries, including in the governance of the e-CODEX system, there should be a clear separation of services and personnel, data and administration inside the European Union Agency for the oOperational mManagement of ~~the system should be designated~~Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council1a. _________________ 1aRegulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).

Amendment 71 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Recital 7

(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while ~~taking into account~~ensuring the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.

Amendment 72 #

Proposal for a regulation
Recital 7

(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while ~~taking into account~~respecting the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.

Amendment 73 #

Proposal for a regulation
Recital 7

Amendment 74 #

Proposal for a regulation
Recital 7

Amendment 75 #

Proposal for a regulation
Recital 8

(8) The most appropriate entity for the operational management of the system is an agency, since its governance structure allows for the involvement of Member States in the operational management of the system through participation in the Agency's Management Board, Advisory Groups and Programme Management Boards. The European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council33 has relevant experience in managing large- scale IT Systems. eu-LISA shcould therefore be entrusted with the operational management of the e-CODEX system, under certain conditions. It is also necessary to adjust the existing governance structure of eu-LISA by adapting the responsibilities of its Management Board and by establishing an e-CODEX Advisory Group. Regulation (EU) 2018/1726 should therefore be amended accordingly. A specific Programme Management Board should also be established. _________________ 33Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99)

Amendment 76 #

Proposal for a regulation
Recital 9

(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is, inter alia, to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The ~~governance structure of the~~ Agency and financing scheme should further guarantee the respect of that principle. ÌIt is also important to involve the legal professions and other relevant stakeholders in the governance of the e-CODEX system through the Programme Management Board. The detailed arrangements and conditions as regards the involvement of the legal professions and other relevant stakeholders should allow for their effective participation and consultation, namely by duly considering their feedback.

Amendment 77 #

Proposal for a regulation
Recital 9

(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is, inter alia, to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme further guarantee the respect of that principle. Ìt is also important to involve the legal pr~~ofessions and other stakeholders~~actitioners, other experts and other stakeholders, such as the Hague Conference on Private International Law and scientific researchers, in the governance of the e-CODEX system through the Advisory Group and the Programme Management Board.

Amendment 78 #

Proposal for a regulation
Recital 9

(9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme further guarantee the respect of that principle. ~~Ìt is also important to involve t~~The legal professions and other relevant stakeholders should also be involved in the governance of the e-CODEX system through seats on the Programme Management Board.

Amendment 79 #

Proposal for a regulation
Recital 9

Amendment 80 #

Proposal for a regulation
Recital 10

(10) ~~Given~~While acknowledging eu-LISA's ~~priority~~ tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, ~~eu-LISA should not take over the responsibility for~~in light of the fact that e-CODEX could immediately provide an important and valuable service to citizens, eu-LISA should prioritise the takeover of the e- CODEX system ~~earli~~, and such a takeover should take place no later than on 1 July 20232.

Amendment 81 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Recital 10

(10) ~~Given~~While acknowledging eu-LISA's ~~priority~~ tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, ~~eu-LISA should not take over the responsibility for~~in light of the fact that e-CODEX could immediately provide an important and valuable service to citizens, eu-LISA should prioritise the takeover of the e- CODEX system ~~earli~~, and such takeover should take place no later than on 1 July 20232.

Amendment 82 #

Proposal for a regulation
Recital 10

(10) Given eu-LISA's priority tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, eu-LISA should ~~not~~ take over the responsibility for the e-CODEX system not earlier than on 1 July 2023 and no later than 31 December 2023.

Amendment 83 #

Proposal for a regulation
Recital 10 a (new)

(10 a) e-CODEX correspondents designated by the Commission or by Member States should have the role of supporting the operation of the e-CODEX system among Member States but also among all relevant stakeholders, including those based in third countries, in view of reinforcing international cooperation and compatible multilateral technological standards.

Amendment 84 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Recital 11

(11) The e-CODEX system can be used in cross-border civil and criminal ~~proceeding~~matters. However, given its open source nature, it could also be used infor other ~~situation~~purposes outside of the scope of judicial cooperation under national or Union law, as long as such use does not impair the use of the e-CODEX system for judicial proceedings. This Regulation should ~~not~~only apply to ~~any use of the e-CODEX system which is not based on the legal acts listed in Annex I~~the cross-border exchange of data between connected systems via authorised e-CODEX access points, including any relevant structure involved in the operation of the e-CODEX system, in accordance with the corresponding digital procedural standards.

Amendment 85 #

(11) The e-CODEX system can be used in cross-border civil and criminal proceedings. However, given its open source nature, it could also be used in other situations. This Regulation should ~~not~~ apply to ~~any use~~the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system ~~which is not bas~~in accordance with the legal acts adopted oin the ~~legal acts listed in Annex I~~area of judicial cooperation listed in Annex I. The Commission should be empowered to adopt delegated acts to extend the list to other existing or future legal acts.

Amendment 86 #

Proposal for a regulation
Recital 12

(12) eu-LISA should have more responsibility for the components of the e- CODEX system, except for the operational management of the Domibus Gateway software, since that software is currently provided on a cross-sectoral basis within the eDelivery building block by the Commission. ~~eu-LISA should take over full responsibility for the operational management of the Domibus Connector software and the digital procedural standards from the entity managing the e- CODEX system.~~ Given that the Domibus Gateway and the Domibus Connector are integral components of e-Codex, eu-LISA should issue guidance as to how to assure compatibility of the connector with the latest version of the gateway. To that end, the Commission should include eu-LISA in the preparatory work undertaken before eu-LISA takes over the e-CODEX system, and in the relevant governance body of the eDelivery building block from the moment of the entry into force of this Regulation.

Amendment 87 #

Proposal for a regulation
Recital 12 a (new)

(12 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the judicial procedures covered by the e- CODEX system and of delineating the extension of competences of eu-LISA. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a OJ L 123, 12.5.2016, p. 1.

Amendment 88 #

Proposal for a regulation
Recital 12 a (new)

(12 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the judicial procedures covered by the e- CODEX system. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council shall receive all documents at the same time as Member States' experts, and their experts shall have systematic access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 89 #

Proposal for a regulation
Recital 12 a (new)

(12 a) In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the judicial procedures covered by the e- CODEX system. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 1a OJ L 123, 12.5.2016, p. 1.

Amendment 90 #

Proposal for a regulation
Recital 14 a (new)

(14 a) The Commission should conclude a memorandum of understanding, in collaboration with all relevant stakeholders, in order to ensure coherence between the exercise of their respective responsibilities in relation to the components of the e-CODEX system referred to in this Regulation, and in view of ensuring better regulation standards.

Amendment 91 #