Means of evidence regarding nationality and permanent residence

(3) Documents to be used for purposes of evidence before the European Patent Office, and particularly publications, may be filed in any language.

Means and taking of evidence

The information brought to the knowledge of the authority of the requesting Contracting Party may not be used as evidence until the decision on transmission of the documents relating to execution has acquired the force of res judicata.

The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence the information obtained and the documents consulted in accordance with this Agreement.

(1) In any proceedings before an Examining Division, an Opposition Division, the Legal Division or a Board of Appeal the means of giving or obtaining evidence shall include the following:

Information and evidence transmitted in the course of the assistance procedure may be used for the following purposes in addition to the purposes of the assistance procedure for which it was supplied:

The authority of the Contracting Party transmitting the information may, pursuant to its national law, impose conditions on the use of such information by the authority of the receiving Contracting Party.

Within the limits of their national law and their powers, the judicial authorities of a Contracting Party may spontaneously transmit information or evidence to the judicial authorities of another Contracting Party, when they consider that such information or evidence might assist the receiving Contracting Party's authority in initiating or carrying out investigations or proceedings, or might lead to a request for mutual legal assistance by the receiving authority.

(b) Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means.

(b) Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other adequate means.

The following documents, inter alia, may be deemed to provide proof of residence or transit:

They shall also accept other equivalent means of proof.

Subject: Guiding principles for means of proof and indicative evidence under readmission agreements between Schengen States

The purchase of the asset by the lessor, supported by a receipted invoice or an accounting document of equal probative value, constitutes the expenditure eligible for co-financing.

Document SCH/II-Read (97)3 rev. 7 on the guiding principles for means of proof and indicative evidence under readmission agreements between Schengen States, attached hereto, is hereby approved.

In so far as the Schengen Partners take into account the means of proof listed under point 1 when concluding future readmission agreements, these shall provide conclusive proof of residence or transit.

Whereas problems have arisen in practice when applying readmission agreements, notably with the means of proof establishing the illegal residence in or transit through the territory of the requested Contracting Party by foreign nationals;

MEANS OF PROOF

The following documents, inter alia, may be deemed to provide proof of residence or transit:

Legal position - means of proof required

Technical capacity - means of proof required

Economic and financial capacity - means of proof required

The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol.

It shall retain those records and appropriate supporting evidence for at least three years.

In any proceedings before the Office, the means of giving or obtaining evidence may include the following:

The fact that the HiFD and Superdisk LS-120 drives are backwardly compatible and can be used to read from and write to conventional 3,5" microdisks is taken to be a strong indication that the products, despite improvements in technology, are not substantially different in basic technology and use.

Guiding principles for means of proof and indicative evidence under readmission agreements between Schengen States

Guiding Principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States

on the guiding principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States (SCH/Com-ex (97)39 rev.)

The purchase of the asset by the lessor, supported by a receipted invoice or an accounting document of equal probative value, constitutes the expenditure eligible for co-financing.

Document SCH/II-Read (97)3 rev. 7 on the guiding principles for means of proof and indicative evidence under readmission agreements between Schengen States, attached hereto, is hereby approved.

The Schengen acquis - Decision of the Executive Committee of 15 December 1997 on the guiding principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States (SCH/Com-ex (97) 39 rev.)

In so far as the Schengen Partners take into account the means of proof listed under point 1 when concluding future readmission agreements, these shall provide conclusive proof of residence or transit.

Whereas problems have arisen in practice when applying readmission agreements, notably with the means of proof establishing the illegal residence in or transit through the territory of the requested Contracting Party by foreign nationals;

When examining an application concerning the unmarried partner of the sponsor, Member States shall consider, as evidence of the family relationship, factors such as a common child, previous cohabitation, registration of the partnership and any other reliable means of proof.

The consignor must provide evidence and declare in writing to the certifying veterinary authorities that suitable arrangements have been made to ensure that the staging point situated within the Community receives at the same time only animals of the same species and category and of the same certified health status, including any additional guarantees provided for by Community legislation in respect of the species concerned.

LIST A MEANS OF PROOF

Information exchanged pursuant to paragraph 1 can only be used in evidence to impose sanctions on natural persons where:

the legal effectiveness of electronic signatures used in such systems and their admissibility as evidence in legal proceedings should be recognised;

Member States shall ensure that an electronic signature is not denied legal effectiveness and admissibility as evidence in legal proceedings solely on the grounds that it is: - in electronic form, or

Information exchanged shall only be used in evidence for the purpose of applying Article 81 or Article 82 of the Treaty and in respect of the subject-matter for which it was collected by the transmitting authority.

Means of evidence regarding persons of another jurisdiction

They shall also accept other equivalent means of proof.

Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation.

For the purpose of applying Articles 81 and 82 of the Treaty the Commission and the competition authorities of the Member States shall have the power to provide one another with and use in evidence any matter of fact or of law, including confidential information.

The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement.

Subject: Guiding principles for means of proof and indicative evidence under readmission agreements between Schengen States

DECISION OF THE EXECUTIVE COMMITTEE of 15 December 1997 on the guiding principles for means of proof and indicative evidence within the framework of readmission agreements between Schengen States

Proof of the conditions for the readmission of persons of another jurisdiction laid down in Article 3(1) and Article 5(1) can be furnished through the means of evidence listed in Annex 3 to this Agreement;