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Article 8 - Procedures for a request for cooperation concerning the taking of a statement

Article 8

Procedures for a request for cooperation concerning the taking of a statement

1.   Where a request for cooperation as referred to in Article 2 includes the taking of a statement from any person, the requesting competent authority and the requested competent authority shall, in accordance with the applicable national law, assess and take into account all of the following:

(a)

the rights of the person from whom the statement is to be taken, in accordance with applicable national and Union Law, including the Charter of Fundamental Rights of the European Union;

(b)

the rights of the person related to the language of the statement, and possible translations schemes;

(c)

the role of the staff of the requesting competent authority and the requested competent authority in the taking of the statement;

(d)

whether the person from whom the statement is to be taken has the right to be assisted by a legal representative and, if so, the scope of the legal representative’s assistance during the taking of the statement, including in relation to any record or report of the statement;

(e)

whether the statement is to be taken on a voluntary or compulsory basis;

(f)

whether, based on the information that is available at the time of the request, the person from whom the statement is to be taken is a witness in or subject to an administrative or judicial investigation;

(g)

whether, based on the information that is available at the time of the request, the statement could be or is intended to be used in legal proceedings;

(h)

the recording of the statement and the applicable procedures, including whether it will be contemporaneous or summarised in written minutes or in an audio or audiovisual recording;

(i)

procedures for the certification or confirmation of the statement by the person providing the statement, including whether that takes place after the statement is taken;

(j)

the delivery procedures of the statement to the requesting competent authority, including the requested format and time period.

2.   The requested competent authority and the requesting competent authority shall ensure that arrangements are in place for their staff to proceed efficiently and to be able to agree on any additional information that may be necessary, including on the following:

(a)

planning of dates;

(b)

the list of questions to be asked to the person from which the statement is to be taken and its review;

(c)

travelling or video conference arrangements, including ensuring that, where necessary, the competent authorities concerned are able to meet to discuss the matter prior to the taking of the statement;

(d)

translation arrangements.