EU: E-Evidence: "an agreement has been reached on the core elements of the instruments"
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Country/Region
18 July 2022
A document circulated by the French Presidency of the Council of the EU on 30 June - France's last day of holding the office prior to the arrival of the Czech Presidency - says that during a "political trilogue" meeting with the European Parliament on 28 June, "an agreement [was] reached on the core elements" of the e-evidence proposals, which aim to facilitate the cross-border exchange of electronic data for criminal proceedings. The state-of-play of the Regulation and Directive can be seen in two documents produced following the trilogue, both of which are available here.
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The note from the Presidency says:
"...the Presidency is very grateful for the constructive contributions of the Member States. Since January 2022, alongside regular information in COREPER, these negotiations have been on the agenda of one CATS, two JHA Counsellors meetings, six COPEN meetings and one informal Presidency meeting. The commitment of Member States and their support have been key to the advancement of this file.
This allowed the Council to take an active part in these negotiations, always fostering the dialogue with the Parliament. As a consequence, in parallel to fruitful informal exchanges, several official inter-institutional meetings have been scheduled: three political trilogues (01 March, 14 June, 28 June) and six official technical trilogues have been held.
During the last political trilogue on 28 June, an agreement has been reached on the core elements of the instruments in particular the limited scope of the notification. This agreement is reflected in the four-column-tables annexed to this document.
Delegations are invited to indicate in writing if there is something in these documents that they could not accept in the context of a global comprise with the EP focusing on the provisions marked in blue and yellow."
Documentation
- Presidency note (10881/22, LIMITE, 30 June 2022, pdf)
- Annex I: Trilogue document on the Regulation on European Production and Preservation Orders for electronic evidence in criminal matters (10881/22, 29 MB, pdf)
- Annex II: Trilogue document on the Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings (10881/22, 10 MB, pdf)
- Original version of 10881/22 (39 MB, pdf)
Further reading
- 6 July 2022: EU: End game approaching for e-evidence negotiations, says French Presidency
- 17 March 2022: EU: E-evidence: "the Parliament has moved substantially towards the Council position"
- 19 October 2021: EU: E-evidence: latest Council "state of play" document
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