REPORT on the proposal for a regulation of the European Parliament and of the Council on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726

    15.10.2021 - (COM(2020)0712 – C9‑0389/2020 – 2020/0345(COD)) - ***I

    Committee on Legal Affairs
    Committee on Civil Liberties, Justice and Home Affairs
    Rapporteurs: Emil Radev, Nuno Melo
    (Joint committee procedure – Rule 58 of the Rules of Procedure)


    Procedure : 2020/0345(COD)
    Document stages in plenary
    Document selected :  
    A9-0288/2021
    Texts tabled :
    A9-0288/2021
    Debates :
    Texts adopted :

    DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

    on the proposal for a regulation of the European Parliament and of the Council on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726

    (COM(2020)0712 – C9‑0389/2020 – 2020/0345(COD))

    (Ordinary legislative procedure: first reading)

    The European Parliament,

     having regard to the Commission proposal to Parliament and the Council (COM(2020)0712),

     having regard to Article 294(2), Article 81(2) and Article 82(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0389/2020),

     having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

     having regard to the opinion of the European Economic and Social Committee of 27 April 2021[1],

     having regard to Rule 59 of its Rules of Procedure,

     having regard to the joint deliberations of the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs under Rule 58 of the Rules of Procedure,

     having regard to the report of the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs (A9-0288/2021),

    1. Adopts its position at first reading hereinafter set out;

    2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

    3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

     

    Amendment  1

     

    Proposal for a regulation

    Recital 1

     

    Text proposed by the Commission

    Amendment

    (1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation between the Member States are among the main objectives of the EU’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty.

    (1) Ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation in civil, including commercial, and criminal matters between the Member States are among the main objectives of the Union’s Area of Freedom, Security and Justice enshrined in Title V of the Treaty on the Functioning of the European Union (TFUE).

    Amendment  2

     

    Proposal for a regulation

    Recital 1 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (1a) From a user’s perspective, it is frequently difficult to access justice systems for a number of reasons such as formalistic and expensive legal procedures, long procedural delays and prohibitive costs of using court systems.

    Amendment  3

     

    Proposal for a regulation

    Recital 2

     

    Text proposed by the Commission

    Amendment

    (2) It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data. Such a system, enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities, when provided forby national or Union law, should contribute to improving access to justice.

    (2) It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, sustainable, reliable and secure cross-border electronic exchange of case-related data, while always respecting the right to protection of personal data. Such a system, enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities, when provided for by national or Union law, should contribute to improving access to justice and transparency, and should increase mutual trust between Member States’ judicial authorities and citizens' trust in the Union.

    Amendment  4

     

    Proposal for a regulation

    Recital 2 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (2a) Digitalisation of proceedings in civil and criminal matters should be encouraged with the aim of strengthening the rule of law and the fundamental rights guarantees in the Union, particularly by facilitating access to justice.

    Amendment  5

     

    Proposal for a regulation

    Recital 4

     

    Text proposed by the Commission

    Amendment

    (4) The e-CODEX system is a tool specifically designed to facilitate the cross-border electronic exchange of messages in the justice area. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between the competent authorities and facilitate access to justice of citizens and businesses. It has been managed up to date by a consortium of Member States and organisations with funding from Union programmes

    (4) The e-CODEX system is a tool specifically designed to facilitate the cross-border electronic exchange of content by electronic means, in the field of judicial cooperation, both in civil and criminal matters. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between the competent authorities and facilitate access to justice of citizens and businesses. Until now, it has been managed by a consortium of Member States and organisations with funding from Union programmes.

    Amendment  6

     

    Proposal for a regulation

    Recital 4 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (4a) As part of the process of digitalising justice, the e-CODEX system will foster the development of interoperable national systems in close coordination at the level of the Union, helping to improve access to justice for citizens and businesses, and will facilitate judicial cooperation. The e-CODEX system should therefore be the preferred solution for an interoperable, secure and decentralised communication network between national IT systems in the area of cross-border judicial cooperation in civil and criminal matters.

    Amendment  7

     

    Proposal for a regulation

    Recital 5

     

    Text proposed by the Commission

    Amendment

    (5) The e-CODEX system consists of two software elements: the Domibus Gateway software for the exchange of messages with other gateways and the Domibus connector software, which provides a number of functionalities related to the transmission of messages between national systems. The gateway is based on the eDelivery building block maintained by the Commission, while the operational management of the connector is carried out by a consortium of Member States and organisations with funding from Union Programmes (the entity managing the e-CODEX system). The connector software provides functions such as verification of electronic signatures via a security library and proof of delivery. In addition, the entity managing the e-CODEX system has developed templates for digital forms to be used in the specific civil and criminal procedures for which it has piloted the e-CODEX system.

    (5) The e-CODEX system consists of two software elements: the Domibus Gateway software for the exchange of messages with other gateways and the Domibus connector software, which should provide a number of functionalities related to the transmission of messages between national systems. The gateway is based on the eDelivery building block maintained by the Commission, while the operational management of the connector is carried out by a consortium of Member States and organisations with funding from Union Programmes (the entity managing the e-CODEX system). The connector software should provide functions such as verification of electronic signatures via a security library and proof of delivery. In addition, the entity managing the e-CODEX system should contribute to developing procedural standards defining the electronic structure of the data exchanged to be used in the specific civil and criminal procedures under the e-CODEX system. Such standards should be laid down in implementing acts establishing the detailed rules on the use of the e-CODEX system.

    Amendment  8

     

    Proposal for a regulation

    Recital 6

     

    Text proposed by the Commission

    Amendment

    (6) Given the importance of the e-CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.

    (6) Given the importance of the e-CODEX system for cross-border exchanges in the justice area in the Union, there should be a sustainable Union legal framework establishing the e-CODEX system and providing rules regarding its functioning and development. Such legal framework should ensure the protection of fundamental rights as provided for in the Charter of Fundamental Rights of the European Union, in particular those outlined in Title VI and Article 47 thereof on the right to an effective remedy and to a fair trial. It should in no way undermine the protection of procedural rights that are essential for the protection of those fundamental rights, including those stemming from Directives 2010/64/EU1a, 2012/13/EU1b, 2013/48/EU1c and (EU) 2016/3431d of the European Parliament and of the Council, and for facilitating judicial cooperation between the Member States. It should also clearly define and frame the components of the e-CODEX system in order to guarantee its technical sustainability and security and ensure the equality of arms in the context of cross-border criminal proceedings. The system should define the IT components of an access point, which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. It should also include digital procedural standards consisting of the business process models defining the electronic format of the data exchanged in the context of those procedures to support the use of e-CODEX access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation in civil and criminal matters and to enable the exchange of information between the access points.

     

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    1a Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).

     

    1b Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1).

     

    1c Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).

     

    1d Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ L 65, 11.3.2016, p. 1).

    Amendment  9

     

    Proposal for a regulation

    Recital 6 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (6a) In order to enhance electronic cross-border transmission of documents through the decentralised IT system, such documents should not be denied legal effect and should not be considered inadmissible as evidence in legal proceedings on the ground that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of such documents as evidence in accordance with national law. It should also be without prejudice to national law regarding the conversion of documents.

    Amendment  10

     

    Proposal for a regulation

    Recital 7

     

    Text proposed by the Commission

    Amendment

    (7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while taking into account the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.

    (7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while respecting the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated. In order to ensure the independence of the national judiciaries, including in the governance of the e-CODEX system, there should be a clear separation of services and personnel, data and administration within the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council1a.

     

    __________________

     

    1a Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).

    Amendment  11

     

    Proposal for a regulation

    Recital 8

     

    Text proposed by the Commission

    Amendment

    (8) The most appropriate entity for the operational management of the system is an agency, since its governance structure allows for the involvement of Member States in the operational management of the system through participation in the Agency's Management Board, Advisory Groups and Programme Management Boards. The European Union Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council33 has relevant experience in managing large-scale IT Systems. eu-LISA should therefore be entrusted with the operational management of the e-CODEX system. It is also necessary to adjust the existing governance structure of eu-LISA by adapting the responsibilities of its Management Board and by establishing an e-CODEX Advisory Group. Regulation (EU) 2018/1726 should therefore be amended accordingly. A specific Programme Management Board should also be established.

    (8) The most appropriate entity for the operational management of the system is an agency, since its governance structure allows for the involvement of Member States in the operational management of the system through participation in the Agency's Management Board, Advisory Groups and Programme Management Boards. eu-LISA has relevant experience in managing large-scale IT Systems. eu-LISA should therefore be entrusted with the operational management of the e-CODEX system. It is also necessary to adjust the existing governance structure of eu-LISA by adapting the responsibilities of its Management Board and by establishing an e-CODEX Advisory Group. Regulation (EU) 2018/1726 should therefore be amended accordingly. A specific Programme Management Board, respecting gender balance, should also be established.

    __________________

     

    33 Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99)

     

    Amendment  12

     

    Proposal for a regulation

    Recital 9

     

    Text proposed by the Commission

    Amendment

    (9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The governance structure of the Agency and financing scheme further guarantee the respect of that principle. Ìt is also important to involve the legal professions and other stakeholders in the governance of the e-CODEX system through the Programme Management Board.

    (9) According to Article 19 of Regulation (EU) 2018/1726 the role of the Management Board of eu-LISA is, inter alia, to ensure that all decisions and actions of the Agency affecting large-scale IT systems in the area of freedom, security and justice respect the principle of independence of the judiciary. The Agency and financing scheme should further guarantee the respect of that principle. It is also important to involve relevant stakeholders and experts, including the judiciary as well as legal practitioners, in the governance of the e-CODEX system through the Programme Management Board. The detailed arrangements and conditions as regards the involvement of the legal professions and other relevant stakeholders should allow them to participate effectively and be consulted effectively, namely by duly considering their feedback.

    Amendment  13

     

    Proposal for a regulation

    Recital 10

     

    Text proposed by the Commission

    Amendment

    (10) Given eu-LISA's priority tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, eu-LISA should not take over the responsibility for the e-CODEX system earlier than on 1 July 2023.

    (10) Given eu-LISA's priority tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, eu-LISA should take over the responsibility for the e-CODEX system no earlier than 1 July 2023 and no later than 31 December 2023.

    Amendment  14

     

    Proposal for a regulation

    Recital 10 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (10a) e-CODEX correspondents designated by the Commission or by Member States should support the operation of the e-CODEX system among Member States.

    Amendment  15

     

    Proposal for a regulation

    Recital 11

     

    Text proposed by the Commission

    Amendment

    (11) The e-CODEX system can be used in cross-border civil and criminal proceedings. However, given its open source nature, it could also be used in other situations. This Regulation should not apply to any use of the e-CODEX system which is not based on the legal acts listed in Annex I.

    (11) The e-CODEX system can be used in cross-border civil and criminal matters. It should be possible to use the e-CODEX system and components of the e-CODEX system for other purposes outside of the scope of judicial cooperation under national or Union law as long as such use does not impair the use of the e-CODEX system for judicial proceedings. This Regulation only applies to the cross-border exchange of data between connected systems via authorised e-CODEX access points, in accordance with the corresponding digital procedural standards.

    Amendment  16

     

    Proposal for a regulation

    Recital 12

     

    Text proposed by the Commission

    Amendment

    (12) eu-LISA should have responsibility for the components of the e-CODEX system, except for the operational management of the Domibus Gateway software, since that software is currently provided on a cross-sectoral basis within the eDelivery building block by the Commission. eu-LISA should take over full responsibility for the operational management of the Domibus Connector software and the digital procedural standards from the entity managing the e-CODEX system. Given that the Domibus Gateway and the Domibus Connector are integral components of e-Codex, eu-LISA should assure compatibility of the connector with the latest version of the gateway. To that end, the Commission should include eu-LISA in the relevant governance body of the eDelivery building block from the moment of the entry into force of this Regulation.

    (12) eu-LISA should have responsibility for the components of the e-CODEX system, except for the operational management of the Domibus Gateway software, since that software is currently provided on a cross-sectoral basis within the eDelivery building block by the Commission. eu-LISA should take over full responsibility for the operational management of the Domibus Connector software and the digital procedural standards from the entity managing the e-CODEX system. Given that the Domibus Gateway and the Domibus Connector are integral components of e-Codex, eu-LISA should assure compatibility of the connector with the latest version of the gateway. To that end, the Commission should include eu-LISA in the preparatory work undertaken before eu-LISA takes over the e-CODEX system and in the relevant governance body of the eDelivery building block from the moment of the entry into force of this Regulation.

    Amendment  17

     

    Proposal for a regulation

    Recital 13

     

    Text proposed by the Commission

    Amendment

    (13) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 . The implementing acts adopted in that framework should establish the minimum technical specifications and standards, including on security, underpinning the components of the e-CODEX system; establish the service level requirements for the activities carried out by eu-LISA and other necessary technical specifications for these activities; and establish the modalities of the handover/takeover process. Implementing acts could also establish the technical arrangements supporting the use of the e-CODEX system in the procedures in the area of judicial cooperation.

    (13) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council34 . The implementing acts adopted in that framework should establish the digital procedural standards; the minimum technical specifications and standards, including on security, underpinning the components of the e-CODEX system; establish the service level requirements for the activities carried out by eu-LISA and other necessary technical specifications for these activities; and establish the modalities of the handover/takeover process. Implementing acts should also establish the technical arrangements supporting the use of the e-CODEX system in the procedures in the area of judicial cooperation.

    __________________

    __________________

    34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

    34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

    Amendment  18

     

    Proposal for a regulation

    Recital 14 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (14a) Sufficient resources should be provided to eu-LISA in order to ensure that it is able to adequately carry out its new tasks.

    Amendment  19

     

    Proposal for a regulation

    Recital 15

     

    Text proposed by the Commission

    Amendment

    (15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu-LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e-CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level may be public authorities, organisations representing legal practitioners or private companies. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point.

    (15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu-LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e-CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level may be public authorities or legal persons, such as organisations representing legal practitioners and private companies authorised under national law or Union law to operate the access points. The Union institutions, bodies, offices and agencies operating authorised e-CODEX access points are to comply with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council1a. The entities operating authorised e-CODEX access points at national level are to comply with the data protection requirements and principles laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council1b. Bearing in mind the decentralised nature of the e-CODEX system, while eu-LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point. The Member States and the Commission should ensure that the entities operating the authorised e-CODEX access points have the necessary technical equipment and human resources in order to guarantee that the e-CODEX system functions properly and in a trustworthy manner.

     

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    1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

     

    1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

    Amendment  20

     

    Proposal for a regulation

    Recital 15 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (15a) Member States should inform individuals and organisations involved in or affected by a judicial process about the e-CODEX system, including through websites and social media platforms.

    Amendment  21

     

    Proposal for a regulation

    Recital 15 b (new)

     

    Text proposed by the Commission

    Amendment

     

    (15b) Member States should supervise the authorised e-CODEX access points for which they are responsible, in particular when they are operated by entities that are not public authorities. Member States should ensure that adequate data security measures are in place.

    Amendment  22

     

    Proposal for a regulation

    Recital 16

     

    Text proposed by the Commission

    Amendment

    (16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive data on the use of cross-border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in Annex I. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not constitute personal data.

    (16) The national systems interconnected via the e-CODEX system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs, results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the Union. The systems connected to the authorised e-CODEX access points should therefore be able to systematically collect and maintain comprehensive data on the use of cross-border civil and criminal proceedings in accordance with the relevant provisions of the legal acts adopted in the area of cross-border judicial cooperation in civil and criminal matters within the competence of the Union. This should not only alleviate the work of the Member States in collecting the relevant data and ensure mutual accountability and transparency, but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the Commission. The collected information should only encompass aggregated data and should not constitute personal data.

    Amendment  23

     

    Proposal for a regulation

    Recital 17

     

    Text proposed by the Commission

    Amendment

    (17) eu-LISA should maintain a high level of security when carrying out its tasks. When undertaking further technical evolutions of software, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725. The entities operating the authorised e-CODEX access point should bear the responsibility for the security of the data transmitted via their access points.

    (17) eu-LISA should maintain a high level of security when carrying out its tasks. When undertaking further technical evolutions of software or developing upgrades, eu-LISA should implement the principles of security by design and data protection by design and by default, in accordance with Regulation (EU) 2018/1725. The entities operating the authorised e-CODEX access point should bear the responsibility for the security and protection of the data transmitted via their access points.

    Amendment  24

     

    Proposal for a regulation

    Recital 21

     

    Text proposed by the Commission

    Amendment

    (21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies.

    (21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. The Commission should regularly transmit information on the evaluation of the e-CODEX system to the European Parliament and to the Council.

    Amendment  25

     

    Proposal for a regulation

    Recital 21 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (21a) In order to enable the European Parliament and the Council, as the co-legislators, to assess the success of the transfer of the e-CODEX system and how well the e-CODEX system functions in general, the Commission should produce overall evaluations of the e-CODEX system. The Commission should prepare the first such evaluation two years after eu-LISA takes over responsibility for the e-CODEX system and every three years thereafter.

    Amendment  26

     

    Proposal for a regulation

    Recital 22

     

    Text proposed by the Commission

    Amendment

    (22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Regulation (EU) 2016/679 of the European Parliament and the Council35 and Directive (EU) 2016/680 of the European Parliament and the Council36, apply to the processing of personal data carried out by e-CODEX access points, operated by authorised e-CODEX access points which are established within the territory of the Member States according to this Regulation.

    (22) This Regulation should not provide any specific legal basis for processing personal data. Any processing of personal data performed in the framework of this Regulation should be in accordance with the applicable data protection rules. Regulation (EU) 2016/679 and Directives 2002/58/EC35a and (EU) 2016/68036 of the European Parliament and the Council apply to the processing of personal data carried out by e-CODEX access points, operated by authorised e-CODEX access points which are established within the territory of the Member States according to this Regulation.

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    35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

     

     

    35a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

    36 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

    36 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

    Amendment  27

     

    Proposal for a regulation

    Recital 23 a (new)

     

    Text proposed by the Commission

    Amendment

     

    (23a) Given the fact the e-CODEX system has to date been managed by a consortium of Member States and organisations with funding from Union programmes, it should be possible for those organisations to continue using the e-CODEX system after its operational management has been entrusted to eu-LISA. To that end, it should be possible for eu-LISA to conclude working arrangements with those organisations pursuant to Regulation (EU) 2018/1726.

    Amendment  28

     

    Proposal for a regulation

    Recital 23 b (new)

     

    Text proposed by the Commission

    Amendment

     

    (23b) The Commission should study the feasibility of allowing third countries to participate in the e-CODEX system and, if necessary, present a legislative proposal to allow for such participation and to lay down rules and protocols to that end.

    Amendment  29

     

    Proposal for a regulation

    Article 1 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    This Regulation establishes a decentralised IT system for cross-border communication for the purpose of facilitating electronic exchange of documents, requests, legal forms, evidence or other information in a secure and reliable manner in cross-border civil and criminal proceedings (e-Justice Communication via Online Data EXchange - e-CODEX system).

    This Regulation establishes a decentralised IT system for cross-border communication for the purpose of facilitating electronic exchange of documents, requests, legal forms, evidence or other information in a swift, secure and reliable manner in cross-border civil and criminal proceedings (e-Justice Communication via Online Data EXchange - e-CODEX system).

    Amendment  30

     

    Proposal for a regulation

    Article 1 – paragraph 1 a (new)

     

    Text proposed by the Commission

    Amendment

     

    Nothing in this Regulation can be understood as limiting, expanding or otherwise changing the legal or administrative definitions, concepts or competences of the Union or the Member States.

    Amendment  31

     

    Proposal for a regulation

    Article 1 – paragraph 2 – point c a (new)

     

    Text proposed by the Commission

    Amendment

     

    (ca) the minimum standards for the security of hardware and software infrastructure.

    Amendment  32

     

    Proposal for a regulation

    Article 2 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    This Regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e-CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex I.

    This Regulation shall apply to the electronic transmission of information in the context of cross-border judicial cooperation in civil and criminal matters by means of the e-CODEX system in accordance with the legal acts adopted in the area of judicial cooperation in civil and criminal matters within the competence of the Union.

    Amendment  33

     

    Proposal for a regulation

    Article 3 – paragraph 1 – point b

     

    Text proposed by the Commission

    Amendment

    (b) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been notified to eu-LISA in accordance with Article 5(4) or Article 7(1) and which is operating a digital procedural standard as referred to in Article 4(3);

    (b) ‘authorised e-CODEX access point’ means an e-CODEX access point which has been authorised under national or Union law and which has been notified to eu-LISA by the Commission or a Member State in accordance with Article 5(4) or Article 7(1) and which is operating one or more digital procedural standards;

    Amendment  34

     

    Proposal for a regulation

    Article 3 – paragraph 1 – point b a (new)

     

    Text proposed by the Commission

    Amendment

     

    (ba) ‘e-CODEX correspondent’ means an entity designated by a Member State or the Commission as competent to request and receive technical support as referred to in Article 6(2), point (f), from eu-LISA in relation to the e-CODEX system;

    Amendment  35

     

    Proposal for a regulation

    Article 3 – paragraph 1 – point c

     

    Text proposed by the Commission

    Amendment

    (c) ‘entity operating an authorised e-CODEX access point’ means a Union institution, body or agency, a national public authority or legal person which is operating an authorised e-CODEX access point;

    (c) ‘entity operating an authorised e-CODEX access point’ means a Union institution, body, office or agency, a national public authority or legal person authorised under national law, which is operating an authorised e-CODEX access point;

    Amendment  36

     

    Proposal for a regulation

    Article 3 – paragraph 1 – point e

     

    Text proposed by the Commission

    Amendment

    (e) ‘central testing platform’ means an e-CODEX access point used exclusively for testing, that provides a set of functions which can be used by entities operating authorised e-CODEX access points to verify the correct operation of their access points and the correct use of the e-CODEX digital procedural standards in the connected systems linked to these access points;

    (e) ‘central testing platform’ means an e-CODEX access point used exclusively for testing, that provides a set of functions which can be used by entities operating authorised e-CODEX access points to verify the correct operation of their access points and the correct use of the e-CODEX digital procedural standards in the connected systems linked to these access points, while ensuring the integrity and availability of the rest of the e-CODEX system;

    Amendment  37

     

    Proposal for a regulation

    Article 3 – paragraph 1 – point g a (new)

     

    Text proposed by the Commission

    Amendment

     

    (ga) ‘digital procedural standard’ means all relevant technical specifications on business process models and the data schemas based on the Union e-Justice Core Vocabulary defining the electronic structure of the data exchanged in the context of the e-CODEX system.

    Amendment  38

     

    Proposal for a regulation

    Article 3 a (new)

     

    Text proposed by the Commission

    Amendment

     

    Article 3a

     

    Non-discrimination and respect for fundamental rights

     

    The fundamental rights and freedoms of all persons implicated in the electronic exchange of information through the e-CODEX system, in particular the right to effective access to justice, the right to a fair trial, the principle of non-discrimination, the right to protection of personal data and the right to privacy, shall be fully observed and respected in accordance with Union law.

    Amendment  39

     

    Proposal for a regulation

    Article 3 b (new)

     

    Text proposed by the Commission

    Amendment

     

    Article 3b

     

    Legal effect of electronic documents

     

    Documents that are transmitted through the e-CODEX system shall not be denied legal effect or considered inadmissible as evidence in legal proceedings on the ground that they are in electronic form.

    Amendment  40

     

    Proposal for a regulation

    Article 4 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. A digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in Annex I.

    3. A digital procedural standard shall consist of the business process models defining the electronic format of the data used in the context of the procedures laid down by legal acts as referred to in Article 2. The Commission shall lay down digital procedural standards for the purposes of this Regulation in implementing acts. eu-LISA shall implement those digital procedural standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

    Amendment  41

     

    Proposal for a regulation

    Article 5 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. The Commission may adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).

    2. The Commission shall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in Article 4(3).

    Amendment  42

     

    Proposal for a regulation

    Article 5 – paragraph 4

     

    Text proposed by the Commission

    Amendment

    4. The Commission shall maintain a list of authorised e-CODEX access points which are operated by Union institutions, bodies and agencies, and the cross-border civil and criminal procedures as well as forms which each access point is authorised to apply. It shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.

    4. The Commission shall maintain a list of authorised e-CODEX access points which are operated by Union institutions, bodies, offices and agencies, and the cross-border civil and criminal matters as well as the digital procedural standards with which each access point is authorised to operate. It shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.

    Amendment  43

     

    Proposal for a regulation

    Article 6 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II.

    1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II. eu-LISA shall also be responsible for the operational management of the Domibus Connector software and for maintaining a high level of security standards throughout the process, as referred to in Article 10, while carrying out its tasks.

    Amendment  44

     

    Proposal for a regulation

    Article 6 – paragraph 2 – point g

     

    Text proposed by the Commission

    Amendment

    (g) maintenance and distribution to the authorised e-CODEX access points of the business process models, of the templates defining the electronic format of documents referred to in Article 4(3) and of the underlying pre-defined collection of data models;

    (g) maintenance and distribution to the authorised e-CODEX access points of the digital procedural standards defining the electronic format of data as referred to in Article 4(3) and of the underlying pre-defined collection of data models;

    Amendment  45

     

    Proposal for a regulation

    Article 6 – paragraph 2 – point j

     

    Text proposed by the Commission

    Amendment

    (j) preparation and distribution to the authorised e-CODEX access points of new business process models and templates defining the electronic format of documents referred to in Article 4(3), including by organising and facilitating workshops with the e-CODEX correspondents.

    (j) preparation and distribution to the authorised e-CODEX access points of new digital procedural standards, including by organising and facilitating workshops with the e-CODEX correspondents.

    Amendment  46

     

    Proposal for a regulation

    Article 6 – paragraph 3 – point c

     

    Text proposed by the Commission

    Amendment

    (c) informing the general public through the Internet about e-CODEX, by means of a set of large-scale communication channels, such as websites or social media platforms;

    (c) informing the general public about e-CODEX, by means of a set of large-scale communication channels, including but not limited to, websites or social media platforms;

    Amendment  47

     

    Proposal for a regulation

    Article 6 – paragraph 4 a (new)

     

    Text proposed by the Commission

    Amendment

     

    4a. eu-LISA and the Commission shall conclude a memorandum of understanding in order to ensure coherence between the exercise of their respective responsibilities in relation to the components of the e-CODEX system referred to in Article 4(2).

    Amendment  48

     

    Proposal for a regulation

    Article 7 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    1. Member States shall maintain a list of authorised e-CODEX access points, operated within their territory, and the cross-border civil and criminal procedures as well as forms which each access point is authorised to apply. They shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.

    1. Member States shall maintain a list of authorised e-CODEX access points, operated within their territories, and the cross-border civil and criminal matters as well as the digital procedural standards which each access point is authorised to apply. All authorised e-CODEX access points in one Member State shall apply all the digital procedural standards adopted under this Regulation. They shall notify the changes to eu-LISA without delay, without prejudice to the annual notification provided for in Article 14.

    Amendment  49

     

    Proposal for a regulation

    Article 7 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. Each Member State shall designate up to five e-CODEX correspondents. Only those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f).

    2. Each Member State shall designate up to eight e-CODEX correspondents. e-CODEX correspondents shall be entitled to request and receive the technical support referred to in Article 6 (2)(f). Each Member State shall communicate a list of its designated e-CODEX correspondents and any modification thereto to eu-LISA.

    Amendment  50

     

    Proposal for a regulation

    Article 8 – paragraph 1

     

     

    Text proposed by the Commission

    Amendment

    1. The entity operating an authorised e-CODEX access point shall be responsible for its secure set-up and operation. This responsibility shall include the necessary adaptations to the connector referred to in Article 4(2)(b) to make it compatible with any connected systems and any other necessary technical adaptations to its connected systems.

    1. The entity operating an authorised e-CODEX access point shall be responsible for setting it up and operating it securely. That responsibility shall include the necessary adaptations to the connector referred to in Article 4(2), point (b), in order to make it compatible with any relevant connected systems and any other necessary technical adaptations to its connected systems.

    Amendment  51

     

    Proposal for a regulation

    Article 8 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. The entity operating an authorised e-CODEX access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts listed in Annex I.

    2. The entity operating an authorised e-CODEX access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts referred to in Article 2.

    Amendment  52

     

    Proposal for a regulation

    Article 8 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. The responsibility for any damage resulting from the operation of an authorised e-CODEX access point and any connected systems shall be borne by the entity operating that authorised e-CODEX access point.

    3. The responsibility for any damage resulting from the operation of an authorised e-CODEX access point and any connected systems shall be borne by the entity operating that authorised e-CODEX access point, which can claim compensation from a responsible third person or entity, subject to judicial oversight, where relevant.

    Amendment  53

     

    Proposal for a regulation

    Article 9 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. The Commission shall monitor the handover/takeover process in order to ensure that the detailed arrangements of the process are correctly implemented by the entity managing the e-CODEX system and eu-LISA, on the basis of the criteria referred to in paragraph 1.

    3. The Commission shall monitor the handover/takeover process in order to ensure that the detailed arrangements of the process are correctly implemented by the entity managing the e-CODEX system and eu-LISA, on the basis of the criteria referred to in paragraph 1. The Commission shall update the European Parliament and the Council by 31 July 2023 on the handover/takeover process.

    Amendment  54

     

    Proposal for a regulation

    Article 9 – paragraph 4

     

    Text proposed by the Commission

    Amendment

    4. eu-LISA shall take over responsibility for the e-CODEX system at the date when the Commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 July 2023.

    4. eu-LISA shall take over responsibility for the e-CODEX system at the date when the Commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 no earlier than 1 July 2023 but no later than 31 December 2023.

    Amendment  55

     

    Proposal for a regulation

    Article 11 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    1. As from 1 January 2023, the e-CODEX Advisory Group established pursuant to Article 27(dc) of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States. The Advisory Group shall be informed of any security issues.

    1. As from 1 January 2023, the e-CODEX Advisory Group established pursuant to Article 27[dc] of Regulation (EU) 2018/1726 shall provide eu-LISA with the necessary expertise related to the e-CODEX system, in particular in the context of preparation of its annual work programme and its annual activity report. It shall also follow up on the state of implementation in the Member States and in the relevant structures using e-CODEX. The Advisory Group shall be informed of any security issues.

    Amendment  56

     

    Proposal for a regulation

    Article 11 – paragraph 4

     

    Text proposed by the Commission

    Amendment

    4. The e-CODEX Advisory Group shall involve in its work the professional organisations and other stakeholders, which participated in the management of the e-CODEX system at the time of its handover.

    4. The e-CODEX Advisory Group shall involve relevant stakeholders and experts in its work, including members of the judiciary and legal practitioners who participated in the management of the e-CODEX system at the time of its handover and who are affected by, use or participate in the e-CODEX system.

    Amendment  57

     

    Proposal for a regulation

    Article 12 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    1. By 1 January 2023, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board composed of ten members.

    1. By 1 January 2023, the Management Board of eu-LISA shall establish an e-CODEX Programme Management Board.

    Amendment  58

     

    Proposal for a regulation

    Article 12 – paragraph 2

     

    Text proposed by the Commission

    Amendment

    2. The Programme Management Board shall be composed of eight members appointed by the Management Board, the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system.

    2. The Programme Management Board shall be composed of ten members: the Chair of the Advisory Group referred to in Article 11, eight members appointed by the Management Board of eu-LISA from among its members or from among the experts taking part in the Advisory Group and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system, as well as extensive experience in the justice field.

    Amendment  59

     

    Proposal for a regulation

    Article 12 – paragraph 2 a (new)

     

    Text proposed by the Commission

    Amendment

     

    2a. The term of office of the members of the Programme Management Board and their alternates shall be four years and shall be renewable.

    Amendment  60

     

    Proposal for a regulation

    Article 12 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. eu-LISA shall participate in the work of the Programme Management Board. To that end, representatives of eu-LISA shall attend the meetings of the Programme Management Board in order to report on work regarding the e-CODEX system and on any other related work and activities.

    3. eu-LISA shall participate in the work of the Programme Management Board. To that end, one representative of eu-LISA shall attend the meetings of the Programme Management Board in order to report on work regarding the e-CODEX system and on any other related work and activities.

    Amendment  61

     

    Proposal for a regulation

    Article 12 – paragraph 4

     

    Text proposed by the Commission

    Amendment

    4. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the e-CODEX system, in particular during the handover/takeover process and with regard to the implementation of the acts adopted pursuant to Article 5(2). The Programme Management Board shall submit written reports regularly and if possible every second month to the Management Board of eu-LISA on the progress of the project. The Programme Management Board shall have no decision-making power nor any mandate to represent the members of the Management Board.

    4. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the e-CODEX system, in particular during the handover/takeover process and with regard to the implementation of the acts adopted pursuant to Article 5(2). The Programme Management Board shall submit written reports regularly and at least after every official meeting to the Management Board of eu-LISA on the status of the e-CODEX system. The Programme Management Board shall have no decision-making power nor any mandate to represent the members of the Management Board.

    Amendment  62

     

    Proposal for a regulation

    Article 12 – paragraph 5 – point a

     

    Text proposed by the Commission

    Amendment

    (a) choice of the chair;

    (a) choice of the chairperson and of the deputy chairperson and their terms of office;

    Amendment  63

     

    Proposal for a regulation

    Article 12 – paragraph 5 – point d

     

    Text proposed by the Commission

    Amendment

    (d) admission of experts to the meetings, including professional organisations and other stakeholders, participating in the management of the e-CODEX system at the moment of its handover;

    (d) admission of relevant stakeholders and experts to the meetings, including members of the judiciary and legal practitioners and professional organisations who are affected by, use or participate in the e-CODEX system.

    Amendment  64

     

    Proposal for a regulation

    Article 12 – paragraph 7

     

    Text proposed by the Commission

    Amendment

    7. All travel and subsistence expenses incurred by the members of the Programme Management Board shall be paid by eu-LISA. Article 10 of the eu-LISA Rules of Procedure shall apply mutatis mutandis.

    7. All travel and subsistence expenses incurred by the members of the Programme Management Board shall be reasonable and proportionate and be paid by eu-LISA. Article 10 of the eu-LISA Rules of Procedure shall apply mutatis mutandis.

    Amendment  65

     

    Proposal for a regulation

    Article 12 a (new)

     

    Text proposed by the Commission

    Amendment

     

    Article 12a

     

    Separation of powers and independence of the judiciary

     

    When carrying out their responsibilities under this Regulation, all entities shall respect the principle of the separation of powers and ensure that their decisions and actions respect the principle of the independence of the judiciary.

    Amendment  66

     

    Proposal for a regulation

    Article 13 – paragraph 1

     

    Text proposed by the Commission

    Amendment

    eu-LISA shall perform tasks related to the provision of training on the technical use of the e-CODEX system in accordance with Regulation (EU) 2018/1726, including provision of online training material.

    eu-LISA shall perform tasks related to the provision of training on the technical use of the e-CODEX system to all relevant stakeholders in accordance with Regulation (EU) 2018/1726, including provision of online training material.

    Amendment  67

     

    Proposal for a regulation

    Article 14 – paragraph 1 – point d

     

    Text proposed by the Commission

    Amendment

    (d) the number and type of incidents encountered by entities operating authorised e-CODEX access points within the territory of the Member State and impacting the security of the e-CODEX system.

    (d) the number and type of incidents encountered by entities operating authorised e-CODEX access points and impacting the security of the e-CODEX system.

    Amendment  68

     

    Proposal for a regulation

    Article 15 – paragraph 3

     

    Text proposed by the Commission

    Amendment

    3. For the first time, three years after eu-LISA takes over responsibility for the e-CODEX system, and every four years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. At the time of the first evaluation, the Commission shall also reexamine the role of the Programme Management Board and its continuation. The Commission shall transmit the evaluation report to the European Parliament and the Council.

    3. For the first time, two years after eu-LISA takes over responsibility for the e-CODEX system, and every three years thereafter, the Commission shall produce an overall evaluation of the e-CODEX system. That overall evaluation shall include an assessment of the application of this Regulation and an examination of results achieved against objectives, and may propose possible future actions. It shall also include an assessment of the effect of the use of e-CODEX on the equality of arms in the context of cross-border criminal proceedings. At the time of the first evaluation, the Commission shall also re-examine the role of the Programme Management Board and its continuation on objective grounds and shall propose improvements, if necessary. The Commission shall transmit the evaluation report to the European Parliament and the Council.

    Amendment  69

     

    Proposal for a regulation

    Article 15 a (new)

     

    Text proposed by the Commission

    Amendment

     

    Article 15a

     

    Cooperation with international organisations

     

    eu-LISA may conclude working arrangements with international organisations or their subordinate bodies, governed by public international law, or other relevant entities or bodies, which are set up by, or on the basis of, an agreement between two or more countries, provided that those organisations, bodies or entities were part of the entity managing the e-CODEX system, in order to allow them to use the e-CODEX system. Those working arrangements shall be concluded in accordance with Article 43 of Regulation (EU) 2018/1726.

    Amendment  70

     

    Proposal for a regulation

    Annex I

     

    Text proposed by the Commission

    Amendment

    [...]

    deleted


     

    EXPLANATORY STATEMENT

    The Rapporteurs will present hereafter the main reasons for the amendments presented in the draft report on the proposal for a Regulation of the European Parliament and of the Council on a computerised system for communication in cross-border civil proceedings and in criminal proceedings (e-Justice Communication via Online Data Exchange – e-CODEX system), and amending the Regulation (EU) 2018/1726 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA).

     

    Introduction

    E-Justice is one of the cornerstones of the efficient functioning of judicial systems in the Member States and at the European level. It is an essential instrument to facilitate the access to justice and provide legal protection to European citizens and companies in the digital era. It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way.

    The Commission's Communication on the digitalisation of justice, A toolbox of opportunities, of 2 December 2020, sets out a new approach to the digitalization of justice based on a comprehensive set of financial and IT legal instruments to be used by various actors in the judicial systems. The Commission also presented the “Proposal for a Regulation on a computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system)”, the e-CODEX Regulation.

    On 29 April 2021 it was announced that the file shall be dealt with jointly by two committees - the Civil Liberties, Justice and Home Affairs Committee (LIBE), and the Legal Affairs Committee (JURI). MEP Emil Radev (JURI) and MEP Nuno Melo (LIBE) were appointed rapporteurs for the referred Regulation.

    E-CODEX is a golden standard/key technological enabler for modernising, through digitalisation, the communication in the context of cross-border judicial proceedings.

    Since the start of the project in December 2010, e-CODEX has transformed from an ambitious project to an operational Digital Service Infrastructure (DSI) in the judicial domain. Currently, the focus lies on the transition of the e-CODEX project towards a long-term sustainable and secure solution for the maintenance of e-CODEX.

    The Rapporteurs believe that this Regulation, as an instrument which is directly applicable in all Member States and binding in its entirety, will guarantee a uniform application of the rules on e-CODEX across the EU and their entry into force at the same time. They welcome the aim to offer legal certainty by avoiding divergent interpretations in the Member States, thus preventing legal fragmentation. By establishing the e-CODEX system, the adoption of the Regulation will contribute to the uptake of e-CODEX by more Member States for procedures in which the system is already used as well as for future ones.

    The E-CODEX project aims to improve the cross-border access of citizens and businesses to justice in European Union as well as to improve the interoperability between judicial authorities within the European Union. It is designed as a decentralized system based on a distributed architecture that enables connectivity between national systems.

    The rapporteurs believe that the e-CODEX system should be seen as a preferred solution for the establishment of interoperable and secure decentralised communication networks between national IT systems in cross-border judicial cooperation in civil and criminal  matters.

    The Proposal aims to entrust the further development and maintenance of e-CODEX to the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) as of July 2023.

     

    1. Scope

    The scope of this Regulation is the electronic exchange of data in the context of cross-border judicial cooperation in civil and criminal matters (Article 2).

    The e-CODEX system should be viewed as the preferred solution for an interoperable, secure and decentralised communication network between national IT systems in this field.

    The rapporteurs are of the opinion that Annex I, containing a list of instruments providing for judicial procedures subject to eCodex, should be deleted. The scope of the Regulation should instead be established by reference to the judicial cooperation in civil and criminal matters (Article 2). This allows for avoiding any risk of leaving out of the scope judicial procedures for which it is appropriate to foresee the possibility to use e-Codex.

    Moreover, a simple reference to Article 81 and 82 TFEU would have not been sufficient as instruments predating the Lisbon Treaty would not have been covered.  

    Finally, the Regulation should only deal with the use of e-Codex for procedures in civil and criminal matters. Other uses of e-Codex that may be established by future legislative acts should not be addressed by this Regulation as they would require adaptations that cannot be foreseen at present (Recital 11; Article 2).

     

    2. Definitions

    The Commission proposal does not contain clear and concrete provisions regarding the operating conditions of access points.

    The rapporteurs further developed the terminology of e-Codex to give more clarity to the following expressions: “authorised e-Codex Access point”, “e-Codex correspondents” and “digital procedural standards” (Article 3).

     

    3. Allocation of responsibilities

    It is necessary to ensure the long-term sustainability of the e-CODEX system and the efficiency of its governance while ensuring the independence of the national judiciaries; therefore, an appropriate entity for the operational management of the system is to be designated. The proposal provides for the creation of an e-CODEX Advisory Group and a Programme Management Board for e-CODEX (Article 12).

    Safeguards have been introduced for the independence of the judiciary that shall never be negatively impacted on by the e-CODEX system (recitals 7 and 9; Article 12a new).

    For a sound and clear operation of the eCodex system, further amendments have been tabled to precisely delineate the roles of the Commission, the Member States and eu-Lisa (Recitals 5, 12, 15, 21; Articles 3(1)b, 3(1)ba new, 6(4)a new, 7, and 16a new).

     

    4. Optimisation of the e-CODEX system

    The rapporteurs introduced, for the sake of efficiency of e-Codex, some specifications on the authorized access points and on the designation of correspondents by Member States (Article 3(1)b, Article 3(1)ba new and Article 7).

     

    5. Delegation of powers to COM

    Since the scope of the eCodex Regulation should be limited to the judicial cooperation in civil and criminal matters, but given that in the future it could be appropriate to make other procedures subject to the eCodex system, the two Rapporteurs are of the view that a certain flexibility is needed when it comes to the scoping of the Regulation itself. This is why provisions on delegated acts have been introduced. These provisions allow for further expanding the operation of eCodex while fully preserving the prerogatives of the Parliament on the scoping of the Regulation (Article 5(3a) new and 16a new). 

    In the Commission Financial Statement, reference is made to the expansion of the eCodex system to other procedures via implementing acts (point 2.2.3). This would be neither desirable nor legally appropriate. However, since the Financial Statement cannot be amended by the co-legislators, the insertion of the provisions empowering the Commission to adopt delegated acts is sufficient to keep parliamentary scrutiny intact.

     

    6. Private entities operating the access points and data protection

    Judicial authorities and public prosecutors in many Member States usually have recourse to the services of contractors. Therefore, providing for the involvement of private entities and limiting it to the functioning of the e-Codex system does not set a dangerous precedent.

    However, safeguards should be in place given the sensitivity of the administration of justice and of the data and information dealt with by judicial authorities.

    This is the reason why the two Rapporteurs have foreseen that private entities can operate the access points only if authorised by Member Stated and provided that they fully comply, like public authorities possibly charged with that same task, with existing legislation on data protection (Recital 15, 15a new, 17; Article 12a new).

     

    7. e-Justice Core Vocabulary

    With a view to strongly and thoroughly encourage judicial cooperation and mutual trust, interoperability should be ensured not only as regards Information and Communication Technology, but also in relation to terminology. Otherwise, even the most efficient system of interconnection would not be sufficient to make judicial authorities, legal practitioners, citizens, businesses and stakeholders properly understand each other.

    It is in the light of this that the two rapporteurs have chosen to insert the reference to the e-Justice Core Vocabulary in the definition of the “digital procedural standard” (Article 3, paragraph 1, point ga, new).

     

    Conclusion

    The two rapporteurs find that the proposal put forward by the Commission goes in the right direction by putting the question of interoperability at the heart of the EU efforts to stimulate and enhance the judicial cooperation across the continent.

    The proposal itself can be considerably improved to find a delicate and vital balance between interoperability and judicial independence, efficiency and data protection, speed and fundamental rights, technology and the rule of law.


    PROCEDURE – COMMITTEE RESPONSIBLE

    Title

    Computerised system for communication in cross-border civil and criminal proceedings (e-CODEX system), and amending Regulation (EU) 2018/1726

    References

    COM(2020)0712 – C9-0389/2020 – 2020/0345(COD)

    Date submitted to Parliament

    3.12.2020

     

     

     

    Committees responsible

     Date announced in plenary

    JURI

    18.1.2021

    LIBE

    18.1.2021

     

     

    Committees asked for opinions

     Date announced in plenary

    BUDG

    18.1.2021

     

     

     

    Not delivering opinions

     Date of decision

    BUDG

    14.1.2021

     

     

     

    Rapporteurs

     Date appointed

    Emil Radev

    10.5.2021

    Nuno Melo

    10.5.2021

     

     

    Rule 58 – Joint committee procedure

     Date announced in plenary

     

    29.4.2021

    Discussed in committee

    3.6.2021

    4.6.2021

    1.7.2021

    31.8.2021

     

    8.9.2021

    11.10.2021

     

     

    Date adopted

    14.10.2021

     

     

     

    Result of final vote

    +:

    –:

    0:

    79

    3

    0

    Members present for the final vote

    Magdalena Adamowicz, Pascal Arimont, Manon Aubry, Katarina Barley, Pernando Barrena Arza, Pietro Bartolo, Nicolas Bay, Gunnar Beck, Vladimír Bilčík, Vasile Blaga, Ioan-Rareş Bogdan, Patrick Breyer, Saskia Bricmont, Jorge Buxadé Villalba, Damien Carême, Caterina Chinnici, Clare Daly, Marcel de Graaff, Anna Júlia Donáth, Pascal Durand, Angel Dzhambazki, Cornelia Ernst, Laura Ferrara, Nicolaus Fest, Jean-Paul Garraud, Esteban González Pons, Maria Grapini, Sophia in ‘t Veld, Patryk Jaki, Marina Kaljurand, Assita Kanko, Fabienne Keller, Peter Kofod, Mislav Kolakušić, Moritz Körner, Gilles Lebreton, Jeroen Lenaers, Juan Fernando López Aguilar, Lukas Mandl, Karen Melchior, Nuno Melo, Roberta Metsola, Nadine Morano, Javier Moreno Sánchez, Maite Pagazaurtundúa, Jiří Pospíšil, Nicola Procaccini, Emil Radev, Paulo Rangel, Terry Reintke, Diana Riba i Giner, Marcos Ros Sempere, Ralf Seekatz, Stéphane Séjourné, Michal Šimečka, Birgit Sippel, Martin Sonneborn, Raffaele Stancanelli, Ramona Strugariu, Annalisa Tardino, Tomas Tobé, Marie Toussaint, Dragoş Tudorache, Milan Uhrík, Tom Vandendriessche, Adrián Vázquez Lázara, Bettina Vollath, Axel Voss, Jadwiga Wiśniewska, Tiemo Wölken, Lara Wolters, Javier Zarzalejos

    Substitutes present for the final vote

    Brando Benifei, Daniel Buda, Olivier Chastel, Nathalie Colin-Oesterlé, Tanja Fajon, Heidi Hautala, Anne-Sophie Pelletier, Rob Rooken, Domènec Ruiz Devesa, Isabel Santos

    Date tabled

    15.10.2021

     


     

    FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

    79

    +

    EPP

    Magdalena Adamowicz, Pascal Arimont, Vladimír Bilčík, Vasile Blaga, Ioan-Rareş Bogdan, Daniel Buda, Nathalie Colin-Oesterlé, Esteban González Pons, Jeroen Lenaers, Lukas Mandl, Nuno Melo, Roberta Metsola, Nadine Morano, Jiří Pospíšil, Emil Radev, Paulo Rangel, Ralf Seekatz, Tomas Tobé, Axel Voss, Javier Zarzalejos

    S&D

    Katarina Barley, Pietro Bartolo, Brando Benifei, Caterina Chinnici, Tanja Fajon, Maria Grapini, Marina Kaljurand, Juan Fernando López Aguilar, Javier Moreno Sánchez, Marcos Ros Sempere, Domènec Ruiz Devesa, Isabel Santos, Birgit Sippel, Bettina Vollath, Tiemo Wölken, Lara Wolters

    Renew

    Olivier Chastel, Anna Júlia Donáth, Pascal Durand, Sophia in 't Veld, Fabienne Keller, Moritz Körner, Karen Melchior, Maite Pagazaurtundúa, Stéphane Séjourné, Michal Šimečka, Ramona Strugariu, Dragoş Tudorache, Adrián Vázquez Lázara

    ID

    Nicolas Bay, Nicolaus Fest, Jean-Paul Garraud, Peter Kofod, Gilles Lebreton, Annalisa Tardino, Tom Vandendriessche

    Verts/ALE

    Patrick Breyer, Saskia Bricmont, Damien Carême, Heidi Hautala, Terry Reintke, Diana Riba i Giner, Marie Toussaint

    ECR

    Jorge Buxadé Villalba, Angel Dzhambazki, Patryk Jaki, Assita Kanko, Nicola Procaccini, Rob Rooken, Raffaele Stancanelli, Jadwiga Wiśniewska

    The Left

    Manon Aubry, Pernando Barrena Arza, Clare Daly, Cornelia Ernst, AnneSophie Pelletier

    NI

    Laura Ferrara, Mislav Kolakušić, Martin Sonneborn

     

    3

    -

    ID

    Gunnar Beck, Marcel de Graaff

    NI

    Milan Uhrík

     

    0

    0

     

     

     

    Key to symbols:

    + : in favour

    - : against

    0 : abstention

     

     

    Last updated: 29 April 2022
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