(4)

the following Article 17a is inserted: ‘Article 17a Direct taking of evidence by videoconference distance communication technology [Am. 20] 1. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference or via any other appropriate distance communication technology , if available to the respective courts, where it deems the use of such technology appropriate unless, on account of the specific circumstances of the case , the use of such technology is deemed inappropriate for the fair conduct of the proceedings . [Am. 21] Where required by the national law of the requesting Member State, the use of videoconference or any other appropriate distance communication technology shall be subject to the consent of the person to be heard. [Am. 22] 2. Where a request for direct taking of evidence via videoconference or via any other appropriate distance communication technology is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference. Those arrangements shall be in line with the minimum technical standards and requirements for the use of videoconference that are defined in accordance with paragraph 3a . [Am. 23] 2a. Any electronic system for the taking of evidence shall ensure that professional secrecy and legal professional privilege are protected. [Am. 24] 3. Where evidence is taken by videoconference or any other available communications technology : [Am. 25] (a) the central body or the competent authority referred to in Article 3(3) in the requested Member State may assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State; (b) if necessary, at the request of the requesting court, the person to be heard or the judge in the requested Member State participating in the hearing, the central body or the competent authority referred to in Article 3(3) shall ensure that the person to be heard or the judge are assisted by an a qualified interpreter. [Am. 26] 3a. The Commission is empowered to adopt delegated acts in accordance with Article 20 supplementing this Regulation by establishing the minimum standards and requirements for the use of videoconference. When exercising that power, the Commission shall ensure that the videoconferencing session guarantees high quality communication and real time interaction. The Commission shall also ensure, with regard to the transmission of the information, a high level of security and the protection of privacy and of personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 27] 3b. The court shall notify the person to be heard, the parties, including their respective legal representatives, of the date, time and place of, and the conditions for participation in, the hearing via videoconference or via any other appropriate distance communication technology. The parties and their legal representatives shall be provided, by the relevant court, with instructions as to the procedure for presenting documents or other material during the hearing via videoconference or via any other appropriate distance communication technology.’; [Am. 28]