---
title: "Recital 12"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-12"
type: "recital"
date: "2026-10-19T19:26:30.791Z"
---

# Recital 12

Different instruments falling within the scope of Title V, Chapter 4, of the Treaty on the Functioning of the European Union apply to the cooperation between Member States when gathering evidence in criminal proceedings. As a consequence of the variable geometry that exists in the Union’s area of freedom, security and justice, there is a need to ensure that this Directive does not facilitate the creation of further disparities or obstacles to the provision of services in the internal market by allowing service providers offering services on the territory of Member States to designate designated establishments or appoint legal representatives within Member States that do not take part in the relevant legal instruments. Therefore, at least one designated establishment or legal representative should be designated or appointed in a Member State that participates in the relevant Union legal instruments to avoid the risk of weakening the effectiveness of the designation or appointment provided for in this Directive and to make use of the synergies of having a designated establishment or a legal representative for the receipt of, compliance with and enforcement of decisions and orders falling within the scope of this Directive, including under Regulation (EU) 2023/1543, Directive 2014/41/EU and the Convention established by the Council in accordance with Article 34 of the Treaty on the European Union, on Mutual Assistance in Criminal Matters between Member States of the Union. In addition, designating a designated establishment or appointing a legal representative, which could also be utilised to ensure compliance with national legal obligations, would make it possible to benefit from the synergies of having a clear point of access to address service providers for the purpose of gathering evidence in criminal proceedings.

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