Decision 2023/436 - Authorisation of Member States to ratify the Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Council Decision (EU) 2023/436 of 14 February 2023 authorising Member States to ratify, in the interest of the European Union, the Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2023/436 |
| Regdoc number | ST(2022)6438 |
| Original proposal | COM(2021)719  |
| CELEX number i | 32023D0436 |
| Document | 14-02-2023; Date of adoption |
|---|---|
| Publication in Official Journal | 28-02-2023; OJ L 63 p. 48-53 |
| Effect | 14-02-2023; Entry into force Date of document See Art 3 |
| End of validity | 31-12-9999 |
| Notification | 16-02-2023 |
28.2.2023 |
EN |
Official Journal of the European Union |
L 63/48 |
COUNCIL DECISION (EU) 2023/436
of 14 February 2023
authorising Member States to ratify, in the interest of the European Union, the Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 and Article 82(1), in conjunction with 218(6) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) |
On 6 June 2019, the Council authorised the Commission to participate, on behalf of the Union, in the negotiations on a Second Additional Protocol to the Council of Europe Convention on Cybercrime (CETS No 185) (‘the Convention on Cybercrime’). |
(2) |
The Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence (‘the Protocol’) was adopted by the Committee of Ministers of the Council of Europe on 17 November 2021 and is envisaged to be opened for signature on 12 May 2022. |
(3) |
The provisions of the Protocol fall within an area covered to a large extent by common rules within the meaning of Article 3(2) of the Treaty on the Functioning of the European Union (TFEU), including instruments facilitating judicial cooperation in criminal matters, ensuring minimum standards of procedural rights as well as data protection and privacy safeguards. |
(4) |
The Commission also submitted legislative proposals for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and for a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings, introducing binding cross-border European Production and Preservation Orders to be addressed directly to a representative of a service provider in another Member State. |
(5) |
With its participation in the negotiations on the Protocol, the Commission ensured its compatibility with relevant common Union rules. |
(6) |
A number of reservations, declarations, notifications and communications in relation to the Protocol are necessary to ensure compatibility of the Protocol with Union law and policies. Others are relevant to ensure the uniform application of the Protocol by Union Member States that are Parties to the Protocol (‘Member State Parties’) in their relation with third countries that are Parties to the Protocol (‘third-country Parties’), as well as the effective application of the Protocol. |
(7) |
The reservations, declarations, notifications and communications on which guidance is given to the Member States in the Annex to this Decision, are without prejudice to any other reservations or declarations that they might wish to make individually where the Protocol so permits. |
(8) |
Member States which did not make reservations, declarations, notifications and communications in accordance with the Annex to this Decision at the time of signature should do so when they deposit their instrument of ratification, acceptance or approval of the Protocol. |
(9) |
Following the ratification, acceptance or approval of the Protocol, Member States should, in addition, observe the indications set out in the Annex to this Decision. |
(10) |
The Protocol provides for swift procedures that improve cross-border access to electronic evidence and a high level of safeguards. Therefore, its entry into force will contribute to the fight against cybercrime and other forms of crime at global level by facilitating cooperation between Member State Parties... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.