Select Committee on European Union Twelfth Report

Annex to Explanatory Memorandum


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 The word "also" has been added to the heading and in subparagraph 2 "procedures" has been replaced by "proceedings".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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