On 19 September 2018, a revised text of the Proposal for a Regulation of the European Parliament and of the Councilon European production and preservationorders for electronic evidence incriminal matters was published, which makes a number of important amendments:
it extends the scope of application of the EPO and EPrO to the enforcement of prison sentences (Art. 3 (2)),
creates the possibility of an ex post judicial validation in emergency cases (Art. 4 (5)),
introduces a limitation for an EPO relating to data stored or processed on behalf of public authorities (Art. 5 (6a)),
stresses the need for a secure and reliable transmission of the certificate (Art. 8 (2) and 9 (1)),
clarifies certain grounds for refusal (Art. 9 (4) and 10 (5)),
introduces a speciality principle limiting the use of the data obtained on the basis of an EPO (Art. 12a) and
suggests two options to further harmonize the sanctions applicable in case of non-compliance (Art. 13).
In addition, a
compromise on the conflicting legal obligations clauses (Art. 15-16) is
in the make (supra).
Full text of the revised version can be found here.
