The Commission will continue to provide support to the Member States in their
implementation of the Directive. In view of the potential contribution to cross-border
cooperation, this refers especially to the operational provisions of the Directive on the
exchange of information (Article 13(1) and (2)), reporting channels (Article 13(3)) and
monitoring and statistics (Article 14). For this the Commission will provide additional
opportunities for Member States to identify and exchange best practices in the second half of
2017.
The Commission currently sees no need to propose amendments to the Directive. In this
context, to also support criminal investigations on attacks against information systems, cyberenabled crimes and other types of crimes, the Commission is considering measures to
improve cross-border access to electronic evidence for criminal investigations, including
proposing legislative measures by the beginning of 2018.8 The Commission is also
considering the role of encryption in criminal investigations and will report on its findings by
October 2017.9
The Commission is committed to ensuring that the transposition is finalised across the EU and
that the provisions are correctly implemented. This includes monitoring that national
measures comply with the corresponding provisions in the Directive. Where necessary, the
Commission will make use of its enforcement powers under the Treaties through infringement
procedures.
8
9
Inception Impact Assessment on Improving cross-border access to electronic evidence of 4 August 2017,
available at ec.europa.eu
Communication on the Eighth progress report towards an effective and genuine Security Union, COM(2017)
354 final.
13
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