[ParlTrack]

Draft directive
Article 5 a (new)

Article 5a Conditions for issuing and transmitting an EIO 1. An EIO may only be issued where the Issuing Authority is convinced that the following conditions are met: (a) The issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in Article 4; (b) The investigative measures mentioned in the EIO would be ordered under the same conditions in a similar national case. 2. These conditions shall be assessed by the issuing authority in each case. 3. After its compliance with the conditions for its issue have been assessed, the EIO shall be validated if necessary, in accordance with the Directive, by a judge a court, an investigating magistrate or a prosecutor before being transmitted to the executing authority.

2012/02/10
Committee: LIBE

Nuno MELO

Draft directive
Article 10 - paragraph 1 - point -a b (new)

(-ab) the EIO refers to facts that do not constitute a crime or an offence under the national law of the executing state, except under the conditions and for the criminal offences as referred to in Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States1 that shall not be the subject to a double criminality check; _______________ 1 OJ L 190, 18.7.2002, p. 1.

2012/02/10
Committee: LIBE

Nuno MELO

Draft directive
Article 13

Legal remedies shall be available for the interested parties in accordance with national law. The substantive reasons for issuing the EIO can be challenged only in an action brought before a court of the issuing State. 1. The interested parties, including third parties in good faith, may have legal remedy against recognition and execution of an EIO, in defence of legitimate interests, before a court in the executing State. 1a. The substantive reasons for issuing the EIO can be challenged only in an action brought before a court of the issuing State. 1b. Where the right of legal remedy is exercised pursuant to paragraph 1, the judicial authority shall be informed of this fact and of the grounds of the legal remedy so that it can exercise its procedural rights. 1c. Provided that the need to ensure the confidentiality of an investigation is not called into question, as laid down in Article 18(1), the authorities in the issuing State and executing State shall provide interested parties with relevant and appropriate information to guarantee the effective exercise of the right of legal remedy and the right of action laid down in the above paragraphs. 1d. A lodged remedy has merely a devolutive effect and does not suspend the execution of the investigative measure requested by the issuing State. 1e. Despite this, evidence obtained will only be transmitted to the issuing State, in the case of a pending remedy, after a final decision as regards the remedy. 1f. The interested party may ask for the attribution of a suspensive effect, by lodging a remedy that proves that the execution of the request of the issuing State would cause serious or irreversible damages to her or him. 1g. For the purposes of the preceding paragraph, the court may suspend the measure in order to guarantee the rights of the interested party, whilst taking into account the preservation of evidence and the effectiveness of a request made by the issuing State. 1h. Despite the application of paragraph 1e of this Article, the issuing State may request that the evidence gathered be transferred until a final decision on the remedy is taken if it proves that the retention of the evidence, by the executing State, would cause irreversible damages and jeopardise the investigation that justified the request. 1i. For the purposes of the preceding paragraph and in the case of a successful remedy by the interested party, the evidence transferred to the issuing State during the remedy procedure, shall not be used, or shall be destroyed, depending on each case and as regards the nature of evidence.

2012/02/10
Committee: LIBE

Nuno MELO

Draft directive
Article 18 a (new)

Costs All expenses arising from an investigation request, with a view of obtaining evidence, will be shared in equal parts between the issuing and the executing State, unless both concerned States, in concrete cases, have previously agreed on a different distribution of costs.

2012/02/10
Committee: LIBE

4 Amendments of Nuno MELO related to 2010/0817(COD)

ParlTrack - 2011-2024