wk06550_en20
Dieses Dokument ist Teil der Anfrage „Cooperation between the courts: taking of evidence in civil or commercial matters“
COMMISSION PROPOSAL EP TEXT COUNCIL TEXT CONSOLIDATED TEXT / COM(2018)0378 FINAL COMPROMISE Row PROPOSALS / COMMENTS to be collected. It shall specify the collected. It shall specify the action to be collected. It shall specify the and other necessary action to be taken by the to be taken by the Commission and action to be taken by the evidence are to be collected. Commission and by the Member by the Member States in collecting Commission and by the Member It shall specify the action to States in collecting and analysing and analysing the data and other States to monitor the outputs, be taken by the Commission the data and other evidence. evidence results and impacts of this and by the Member States to Regulation in collecting and monitor the outputs, analysing the data and other results and impacts of this evidence. It shall set out when, at Regulation in collecting and the latest four years after the analysing the data and other date of application of this evidence. It shall set out Regulation, and at what further when, at the latest four intervals the data referred to in years after the date of paragraph 3 are to be collected. application of this Regulation, and at what further intervals the data 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 Linked to recital 12 in row the Commission with the data and Commission with the data and other the Commission, where 28. other evidence necessary for the evidence necessary for the available, with the following monitoring. monitoring. data and other evidence necessary for the purposes of monitoring:. 116 (a) the number of requests for (a) the number of requests the taking of evidence for the taking of evidence transmitted in accordance with transmitted in accordance Article 6(1) and 17(1) with Article 6(1) and 17(1) respectively; respectively; 51
COMMISSION PROPOSAL EP TEXT COUNCIL TEXT CONSOLIDATED TEXT / COM(2018)0378 FINAL COMPROMISE Row PROPOSALS / COMMENTS 117 (b) the number of requests for (b) the number of requests the taking of evidence executed for the taking of evidence in accordance with Article 10 executed in accordance and 17(6) respectively; with Article 10 and 17(6) respectively; 118 (c) the number of cases in which (c) the number of cases in the request for the taking of which the request for the evidence was transmitted by taking of evidence was other means than through the transmitted by other decentralised IT system in means than through the accordance with Article 6(4).´; decentralised IT system in accordance with Article 6(4).´; 118a Council accepted, EP to come back. ‘The reference implementation system, and, where so equipped, the national back-end system shall programmatically collect the data referred to in paragraph 3 (a and b) and automatically transmit them to the Commission on a regular basis.’ (10) Article 23 is replaced 119 (10) Article 23 is replaced by the (101) Article 23 is replaced by (11) Article 23 is replaced by the by the following: following: the following: following: 52
COMMISSION PROPOSAL EP TEXT COUNCIL TEXT CONSOLIDATED TEXT / COM(2018)0378 FINAL COMPROMISE Row PROPOSALS / COMMENTS ´Article 23 Article 23 120 ´Article 23 ´Article 23 Evaluation Evaluation Evaluation Evaluation 121 1. No sooner than [five years 1. No sooner later than … [five four 1. No sooner than [five years EP to come back. 1. No later than five years after the date of application of this years after the date of application of after the date of application of this after the date of application Regulation], the Commission this Regulation], the Commission Regulation], the Commission shall of this Regulation], the shall carry out an evaluation of shall carry out an evaluation of this carry out an evaluation of this Commission shall carry out this Regulation and present a Regulation and present a report on Regulation and present a report an evaluation of this report on the main findings to the the main findings to the European on the main findings to the Regulation and present a European Parliament, the Parliament, the Council and the European Parliament, the Council report on the main findings Council and the European European Economic and Social and the European Economic and to the European Parliament, Economic and Social Committee. Committee, accompanied, where Social Committee. the Council and the appropriate, by a legislative European Economic and proposal. Social Committee, accompanied, where appropriate, by a legislative proposal. 2. Member States shall 122 2. Member States shall provide 2. Member States shall provide the 2. Member States shall provide provide the Commission the Commission with the Commission with the information the Commission with the with the information information necessary for the necessary for the preparation of that information necessary for the necessary for the preparation preparation of that report.´ report.´ preparation of that report.´ of that report.´ 122a Council and EP to confirm: Annex is replaced by Annex I to this Regulation. 123 Article 2 Article 2 Article 2 Article 2 53
COMMISSION PROPOSAL EP TEXT COUNCIL TEXT CONSOLIDATED TEXT / COM(2018)0378 FINAL COMPROMISE Row PROPOSALS / COMMENTS This Regulation shall enter into This Regulation shall enter into force This Regulation shall enter into This Regulation shall enter 124 force on the twentieth day on the twentieth day force on the twentieth day into force on the twentieth following that of its following that of its following that of its publication in day following that of its publication in the Official publication in the Official the Official Journal of the publication in the Official Journal of the European Journal of the European European Union. Journal of the European Union. Union. Union. It shall apply from […]. It shall apply from […]. It shall apply from [ … 18 months 125 after the entry into force of the Regulation]. However, point 2 of Article 1 However, point 2 of Article 1 shall However, point 8c of Article 1 126 shall apply from … [24 months apply from … [24 months after the regarding the new third after the entry into force]. entry into force]. subparagraph of Article 22 shall apply [first day of the month corresponding to the month following the period of 15 months after the entry into force of this Regulation]; and point 2 of Article 1 regarding 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 of the implementing acts referred to in Article 20b24 months after the entry into force]. 127 This Regulation shall be binding This Regulation shall be binding in This Regulation shall be binding This Regulation shall be in its entirety and directly its entirety and directly applicable in binding in its entirety and in its entirety and directly directly applicable in the 54
COMMISSION PROPOSAL EP TEXT COUNCIL TEXT CONSOLIDATED TEXT / COM(2018)0378 FINAL COMPROMISE Row PROPOSALS / COMMENTS applicable in the Member States the Member States in accordance applicable in the Member States Member States in in accordance with the Treaties. with the Treaties. in accordance with the Treaties. accordance with the Treaties. 55
