Annex to Explanatory Memorandum
MINOR TEXTUAL
AMENDMENTS
There are a large number of minor changes to the
text as result of the consideration of the opinion of the European
Parliament and that of the Council Legal Service.
The European Parliament changes are as follows:
Second Recital, page 12: "WISHING"
replaced by "DESIRING".
Second Recital, page 12: last clause added.
Third Recital, page 12: All underlined phrases
suggested by European Parliament.
Sixth Recital, page 12: "RECOGNISING"
replaces "..."
Article 6(4), page 19: "for mutual assistance"
added.
Article 10(5)(b), page 24: "shall"
and "where necessary" added.
Article 10(5)(d), page 24: "or the person
to be heard" added.
Article 16(7), page 34: "of the telecommunications"
added.
Article 21(1)(b), page 44: "6(8)(a) and
(b)" added.
Those suggested by the Council Legal Service
are more numerous. The ones we consider to be minor in nature
are:
TITLE 1, page 13: Heading changed.
Article 1, Page 13: Heading changed.
Article 1, Page 13-14: subparagraphs now denoted
by (a), (b) etc as opposed to by a dash.
Article 1(2) Page 14: "Paragraph 1"
replaced by "This Convention".
Article 3, Page 15: Article 3 is the former
Article 2. The word "also" has been added to the heading
and in subparagraph 2 "procedures" has been replaced
by "proceedings".
Article 4(3), Page 16: NB There is a new paragraph
2. In new paragraph 3 the word "where" is replaced by
"if".
Article 4(4), page 16: A number of changes all
marked in bold.
Article 5(1), page 16: "staying" added
after "are".
Article 5(2), page 17: indents now identified
by letters instead of dashes.
Article 5(3), page 17: "drafted" replaced
by "drawn up".
Article 5(5), page 17: wording clarified.
Article 6(1), page 18: "exchanges of information"
added to help clarify the text, in addition the Judicial Co-operation
Working Group has added the word "spontaneous".
Article 6(1), page 18: other changes, marked
in bold, designed to improve the reading of the text.
Article 6(3), page 19: "implementation"
added.
Article 6(4), page 19: "introduced"
replaced by "adopted".
Article 6(7), page 19: "or both" added
in second line and "only" in third line.
Article 7(1), page 20: clause order changed
in first sentence; "to" added in second line and "as"
added in third line. The reference to Article 2(1) has been changed
to 3(1) to reflect the new order of the Articles in the Convention.
Article 8(2), page 21: "supplied"
replaced by "either prior or after handing them over".
Article 9(5), page 22: clause order and wording
changed to clarify text.
Article 10(2), page 23: "its" added
in line 2, "permit" replaced by "carry out"
in line 3, "agreement between them" replaced by "mutual
agreement" in line 5.
Article 10(3), page 23: "applications"
replaced by "requests" and "data" replaced
by "information".
Article 10(5)(a), page 23: four minor textual
changes, all marked in bold.
Article 10(6), page 24: "in the requested
state" added to ensure that there is not supposed to be a
list of those "present", by video, in the requested
state eg jurors.
Article 10(9), page 25: full title of 1950 European
Convention for the Protection of Human Rights and Fundamental
Freedoms given.
Article 11(3), page 25: "its" added
as penultimate word to clarify meaning of text.
Article 11(4), page 26, "data" replaced
by "information".
Article 11(5), page 26: indents now identified
by letters instead of dashes.
Article 13(1), page 27: "dealt with"
replaced by "set out" and indents now identified by
letters instead of dashes.
Article 13(3), page 28: sub-clauses end in semicolons
instead of full stops. Sub-clauses (b) and (c) therefore begin
with a lower case "t".
Article 13(4), page 28: "Member" added
before "State of operation".
Article 13(11), page 30: "TEU" expanded
to "Treaty on European Union".
Article 14(3), page 30: "on" replaced
by "to ensure" and "including" replaced by
"and to make".
Article 14b(1), page 31: "of this Convention"
deleted.
Article 21(1)(a), page 44, "or services"
deleted. Article 2(1) replaced by Article 3 (1).
Article 23(4), page 45: wording clarified.
Article 24b, page 47: all references to Article
2(1) replaced by Article 3(1).
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