6 Amendments of Nicola PROCACCINI related to 2018/0108(COD)
Amendment 355 #
Proposal for a regulation
Recital 42
Recital 42
(42) Upon receipt of a European Preservation Order Certificate (‘EPOC- PR’), the service provider should preserve requested data for a maximum of 690 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 690 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.
Amendment 360 #
Proposal for a regulation
Recital 43 a (new)
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 550 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. If no dedicathe service provider has not appointed a legal representative has been appointed, the European Production Order and the European Preservation Order may be addressed to any establishment of the service provider in the Union.
Amendment 629 #
Proposal for a regulation
Article 10 – paragraph 1
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 690 days, unless the issuing authority confirms that the subsequent request for production has been launched.
Amendment 691 #
Proposal for a regulation
Article 11 a (new)
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 704 #
Proposal for a regulation
Article 13 – paragraph 1
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 forby national laws of the Member State 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.