12 Amendments of Hilde VAUTMANS related to 2018/0108(COD)
Amendment 465 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
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)
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 468 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
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 520 #
Proposal for a regulation
Article 5 – paragraph 5 – point i
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 534 #
Proposal for a regulation
Article 6 – paragraph 3 – point g
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 567 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 608 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If tThe addressee canshall not comply with its obligation becauseif the EPOC is incomplete, contains manifest errors or, does not contain sufficient information to execute the EPOC, the addressee shallor is not limited to individual persons. In those cases, the addressee shall notify the enforcing authority and 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 643 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. If tThe addressee canshall not comply with its obligation becauseif the Certificate is incomplete, contains manifest errors or does not contain sufficient information to execute the EPOC-PR, the addressee shallor is not limited to individual persons. In those cases, the addressee shall notify the enforcing authority and inform the issuing authority set out in the EPOC-PR without undue delay and ask for clarification, using the Form set out in Annex III. The issuing authority shall react expeditiously and within 5 days at the latest. The addressee shall ensure that on its side the needed clarification can be received in order to fulfil its obligation set out in paragraph 1.
Amendment 736 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Suspects and accused persAnyonse whose data was obtainedsought via a European Production Order or a European Preservation Order shall have the right to effective remedies against the European Production Order during the criminal proceedings for which the Order was issued,issuing State and the enforcing State without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679.
Amendment 743 #
Proposal for a regulation
Article 17 – paragraph 3
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 746 #
Proposal for a regulation
Article 17 – paragraph 4
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
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 the fairness of the proceedings are respected when assessing evidence obtained through the European Production Order.