wk05681_en20
Dieses Dokument ist Teil der Anfrage „Cooperation between the courts: taking of evidence in civil or commercial matters“
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS Commission of any subsequent “judicial”. changes to this information. Compromise suggestion: 3. Each Member State shall communicate to the Commission the other authorities pursuant to Article 1(3)(a) which are competent to take evidence for the purposes of judicial proceedings in civil and commercial matters pursuant to Article 1(3)(a). Member States shall inform the Commission of any subsequent changes to this information. 110 Member States may notify the Commission if they are in a position to operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular via the European e- Justice Portal´; 111 (10) The following Article 22a is (9) The following Article 22a is (910) The following Article 22a is inserted: inserted: inserted: 44
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS 112 ´Article 22a ´Article 22a ´Article 22a Monitoring Monitoring Monitoring 113 1. By [two years after the date of 1. By … [two years one year after 1. By [two years after the date of Agreed, except for the application] at the latest, the the date of application entry into application] at the latest, the transposition period. Commission shall establish a force] at the latest, the Commission Commission shall establish a detailed programme for shall establish a detailed programme detailed programme for monitoring the outputs, results for monitoring the outputs, results monitoring the outputs, results and and impacts of this Regulation. and impacts of this Regulation. impacts of this Regulation. 114 2. The monitoring programme 2. The monitoring programme shall 2. The monitoring programme Agreed. shall set out the means by which set out the means by which and the shall set out the means by which 2. The monitoring and the intervals at which the data intervals at which the data and other and the intervals at which the programme shall set out the and other necessary evidence are necessary evidence are to be data and other necessary means by which and the to be collected. It shall specify the collected. It shall specify the action evidence are to be collected. It intervals at which the data action to be taken by the to be taken by the Commission and shall specify the action to be and other necessary Commission and by the Member by the Member States in collecting taken by the Commission and evidence are to be collected. States in collecting and analysing and analysing the data and other by the Member States to It shall specify the action to the data and other evidence. evidence monitor the outputs, results be taken by the Commission and impacts of this Regulation and by the Member States to in collecting and analysing the monitor the outputs, data and other evidence. It shall results and impacts of this set out when, at the latest four Regulation in collecting and years after the date of analysing the data and other application of this Regulation, evidence. It shall set out and at what further intervals when, at the latest four the data referred to in years after the date of paragraph 3 are to be application of this collected. Regulation, and at what further intervals the data 45
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS referred to in paragraph 3 are to be collected. 115 3. Member States shall provide 3. Member States shall provide the 3. Member States shall provide EP will get back on rows the Commission with the data and Commission with the data and other the Commission, where available, 115-118. other evidence necessary for the evidence necessary for the with the following data and other monitoring. monitoring. evidence necessary for the purposes of monitoring:. 116 (a) the number of requests for the taking of evidence transmitted in accordance with Article 6(1) and 17(1) respectively; 117 (b) the number of requests for the taking of evidence executed in accordance with Article 10 and 17(6) respectively; 118 (c) the number of cases in which the request for the taking of evidence was transmitted by other means than through the decentralised IT system in accordance with Article 6(4).´; EP accepted the Commission’s suggestion for a new para 4. Commission’s suggestion: 46
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS (4) The national back-end system or the reference implementation shall programmatically collect the data referred to in paragraph 3(a and b) and automatically transmit them to the Commission on a regular basis. 119 (11) Article 23 is replaced by the (10) Article 23 is replaced by the (101) Article 23 is replaced by the following: following: following: 120 ´Article 23 ´Article 23 ´Article 23 Evaluation Evaluation Evaluation 121 1. No sooner than [five years 1. No sooner later than … [five four 1. No sooner than [five years after Transposition period. after the date of application of years after the date of application of the date of application of this Council agreed to insert last this Regulation], the Commission this Regulation], the Commission Regulation], the Commission shall part: shall carry out an evaluation of shall carry out an evaluation of this carry out an evaluation of this this Regulation and present a Regulation and present a report on Regulation and present a report on '… the Commission shall report on the main findings to the the main findings to the European the main findings to the European carry out an evaluation of European Parliament, the Council Parliament, the Council and the Parliament, the Council and the this Regulation and present a and the European Economic and European Economic and Social European Economic and Social report on the main findings Social Committee. Committee, accompanied, where Committee. to the European Parliament, appropriate, by a legislative the Council and the proposal. European Economic and Social Committee, accompanied, where appropriate, by a legislative proposal.' 47
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS 122 2. Member States shall provide 2. Member States shall provide the 2. Member States shall provide Identical. the Commission with the Commission with the information the Commission with the information necessary for the necessary for the preparation of that information necessary for the preparation of that report.´ report.´ preparation of that report.´ 123 Article 2 Article 2 Article 2 124 This Regulation shall enter into This Regulation shall enter into force This Regulation shall enter into force on the twentieth day on the twentieth day following that force on the twentieth day following that of its publication in of its publication in the Official following that of its publication in the Official Journal of the Journal of the European Union. the Official Journal of the European Union. European Union. 125 It shall apply from […]. It shall apply from […]. It shall apply from [ … 18 months after the entry into force of the Regulation]. 126 However, point 2 of Article 1 However, point 2 of Article 1 shall However, point 8c of Article 1 EP wants 2 years shall apply from … [24 months apply from … [24 months after the regarding the new third transposition period in after the entry into force]. entry into force]. subparagraph of Article 22 total. shall apply [first day of the Commission supports 3 month corresponding to the years for the implementing month following the period of period + 2 years for the 15 months after the entry into implementing act (5 years force of this Regulation]; and in total as the reasonable point 2 of Article 1 regarding transposition period). paragraphs 1–4 of Article 6 shall apply from … [the first day of the month corresponding to the month following the period of five years after the entry into force 48
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS of the implementing acts referred to in Article 20b24 months after the entry into force]. 49
CONSOLIDATED TEXT / COMMISSION PROPOSAL EP TEXT COUNCIL TEXT COMPROMISE Row COM(2018)0378 FINAL PROPOSALS / COMMENTS 127 This Regulation shall be binding This Regulation shall be binding in This Regulation shall be binding in its entirety and directly its entirety and directly applicable in in its entirety and directly applicable in the Member States the Member States in accordance applicable in the Member States in in accordance with the Treaties. with the Treaties. accordance with the Treaties. 50
