Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters - General approach = Statement - Main contents

Document date	28-11-2019
Publication date	29-11-2019
Reference	14601/19 ADD 1
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union Brussels, 28 November 2019 (OR. en)

14601/19

Interinstitutional File: ADD 1

2018/0203(COD)

JUSTCIV 230 EJUSTICE 155 COMER 152 CODEC 1696

NOTE

From: General Secretariat of the Council

To: Council

No. Cion doc.: 9620/18

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

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  General approach = Statement

Statement of Austria, Czechia, Estonia, Germany, Hungary, Italy, the Netherlands, Portugal, Slovenia and Spain for the minutes of COREPER and the Justice and Home Affairs Council regarding the Regulations on Service of Documents and Taking of Evidence in civil or commercial matters

One of the objectives of these Regulations is to digitise the transmission of requests for service of documents and taking of evidence between competent authorities in different Member States. For this purpose both Regulations call for the establishment of a mandatory electronic decentralised IT system. The signatories welcome the objective of the Commission proposal and the compromise text of the Finnish Presidency.

The Regulations do not explicitly mention by name a specific software solution to future-proof the Regulations in a fast-moving technological environment. However, the Member States and the

Commission have agreed that the implementing acts of the Regulations will specify the e-CODEX system as the appropriate software solution. The signatories support this choice and the use of e-CODEX for this kind of data exchange.

Taking this into account, we draw attention to the Council conclusions on the sustainability of e CODEX (November 2014), which put forward the opportunity of entrusting an independent existing EU Agency with the governance of e-CODEX. Recalling also the Roadmap of e-CODEX (November 2016) and the Council Conclusions on e-CODEX (June 2017), which invited the

Commission “to present a proposal for ensuring the sustainability of e-CODEX, providing the necessary legal and technical arrangements enabling eu-LISA to ensure its maintenance and interoperability”, the signatories call upon the Commission to present a proposal for ensuring the sustainability of e-CODEX, providing the necessary legal and technical arrangements enabling eu LISA to ensure its maintenance and interoperability. This should be done before the implementing acts of the Regulations are adopted.

We also call upon the Commission to provide the necessary resources enabling this organisation to ensure the maintenance and interoperability of e-CODEX and to present a plan regarding the necessary legislative proposal for the future maintenance of e-CODEX.