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Main results – Justice and Home Affairs Council, Justice, 8 March 2019

E-evidence

The Council agreed its position on the directive on the appointment of legal representatives for the purpose of gathering of evidence in criminal proceedings. This directive is part of a package aimed at improving cross-border access to e-evidence by creating a legal framework to enable judicial orders to be addressed directly to service providers operating in the EU.

The Council also debated the negotiating mandates for the Second additional protocol to the Budapest Convention and for an agreement between the EU and the US on facilitating access to e-evidence. These mandates are essential to complement the e-evidence legislative package in order to ensure a quick and effective access to e-evidence stored outside the EU. Ministers provided orientation and political directions to guide the work at technical level and subsequently to adopt the mandates during the Romanian Presidency.

"Our judicial and law enforcement authorities need effective and quicker access to e-evidence in criminal proceedings. We are acting on two fronts to make sure we deliver: within the EU by setting up new rules for orders to be addressed directly to service providers, and outside the EU by discussing with key players, in particular the US, agreements to make the exchange of e-evidence quicker and safer."

Tudorel Toader, Romanian Minister of Justice

Legislative files to be adopted in the coming weeks

The presidency informed the Council on legislative files for which political agreements have been reached and that will be finally adopted by the end of the current legislature. These include the directive on non cash fraud, the directive on the digital content and the directive on the sales of goods.