10 Amendments of Birgit SIPPEL related to 2010/0817(COD)
Amendment 64 #
Draft directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The personal data processed in the context of the implementation of this Directive will be protected in accordance with the relevant instruments including the principles of the Council of Europe Convention of 28 January 1981 for the protection of individuals with regard to the automatic processing of personal data, as well as by the additional protection afforded by this Directive in line with Article 23 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000.
Amendment 97 #
Draft directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. A European investigation order shall be translated by the competent authority of the issuing State into the official language or one of the official languages of the executing State. The form referred to in Annex A shall be translated by the competent authority of the executing State into the official language or one of the official languages of the issuing State.
Amendment 116 #
Draft directive
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(aa) the EIO concerns facts that do not constitute a sanction regarding minor offences under the national law of the executing State;
Amendment 131 #
Draft directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Member States shall ensure that any time limits for bringing an action mentioned in paragraph 1 are applied in a way that guarantees the possibility of an effective legal remedy for interested parties.
Amendment 143 #
Draft directive
Article 18 a (new)
Article 18 a (new)
Article 18a Conditions for the use of personal data 1. Personal data processed when implementing this Directive shall be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters and with the principles laid down in the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. 2. Personal data obtained under this Directive may be used by the issuing State for proceedings for which the EIO may be issued. For any purpose other than those set out in this paragraph, personal data obtained under this Directive may be used only with the prior consent of the executing State, unless the issuing State has obtained the consent of the data subject. 3. In the circumstances of the particular case, the executing State may require the Member State to which the personal data have been transferred to give information on the use made of the data.
Amendment 149 #
Draft directive
Article 19 – paragraph 2 – point b a (new)
Article 19 – paragraph 2 – point b a (new)
(ba) the person to be transferred risks torture or inhuman or degrading treatment or punishment.
Amendment 162 #
Draft directive
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) the person to be transferred risks torture or inhuman or degrading treatment or punishment.
Amendment 174 #
Draft directive
Article 21 – paragraph 6 – point e
Article 21 – paragraph 6 – point e
(e) the person to be heard may claim the right not to testify which would accrue to him under the law of either the executing or the issuing Statecompetent authority of the executing or the issuing state shall inform the person to be heard promptly about his procedural rights which accrue to him under the Charter and the ECHR, including the fundamental rights and principles of a fair trial, of equality of arms and the right not to testify.
Amendment 182 #
Draft directive
Article 22 – paragraph 4 – subparagraph 1 – point c a (new)
Article 22 – paragraph 4 – subparagraph 1 – point c a (new)
Amendment 195 #
Draft directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. They shall communicate the text of those provisions and a correlation table between those provisions and this Directive to the Commission.