Key Benefits:
Publics concerned: services and investigation units of the national police and gendarmerie, investigative services of the Member States of the European Union.
Subject: modalities for the exchange of information and information between the French investigative services and those of the Member States of the European Union or some other European States.
Entry into force: the text comes into force on the day after its publication.
Notice: 1° The text determines the rules applicable to requests for information sent by French services to the services of another Member State of the European Union or non-member States of the European Union associated with the implementation, application and development of the Schengen acquis.
2° With regard to requests for information received by French services, the text sets out the deadlines for reply, the procedure for justifying the impossibility of reply within the normal time frame and the conditions under which such services may refuse to respond to a request and oppose a retransmission or use of the information.
References: this decree is taken for the application of theOrder No. 2011-1069 of 8 September 2011 transposing Council Framework Decision 2006/960/JAI of 18 December 2006 on the simplification of the exchange of information and information between the repressive services of the Member States of the European Union. The Code of Criminal Procedure (regulatory part) as amended by this Decree can be found in its version of this amendment on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms, Minister of the Interior, Overseas, Territorial Authorities and Immigration and Minister of Budget, Public Accounts and State Reform, Spokesman of the Government,
In view of Council Framework Decision 2006/960/JAI of 18 December 2006 on the simplification of the exchange of information and information between the repressive services of the Member States of the European Union;
Vu le Code of Criminal Procedurearticles 695-9-31 to 695-9-49;
The State Council (inland section) heard,
Decrete:
It is created in Book IV of the Code of Criminal Procedure a title X as follows:
« TITRE X
" DE L'ENTRAIDE JUDICIAIRE INTERNATIONALE
« Single Chapter
"Simplified exchange of information between services pursuant to the Framework Decision of the Council of the European Union of 18 December 2006
“Section 1
" Provisions applicable to applications
information issued by French services
"Art. R. 49-35.-The request for transmission, pursuant to Article 695-9-33, by the services or units referred to in Article 695-9-31, shall contain the information listed in the model set out in Annex B to Framework Decision 2006/960/JAI of 18 December 2006 and specify, inter alia:
« 1° The deadline for the transmission of information and, where applicable, the reasons for the requested emergency processing;
« 2° The circumstances of the commission of the offence;
« 3° The nature of the offence;
« 4° The purposes for which information is requested;
« 5° The link between these purposes and the person to which this information relates;
« 6° The identity of the person or persons subject to the investigation justifying the request for information;
« 7° The reasons for assuming that the information is held by the requested State services;
« 8° Restrictions on the use of information.
"Art. R. 49-36.-Where, on the one hand, the request for information relates to an offence falling within one of the categories listed in Article 695-23 and punished in France a custodial sentence of up to three years' imprisonment and that, on the other hand, the requested information is directly accessible in automated data processing, the services and units mentioned in the State may
"In other cases, the competent authorities of the requested State may be invited to transmit the requested information within a maximum period of fourteen days.
“Section 2
" Provisions applicable to applications
information received by the French services
"Art. R. 49-37.-Subject to the provisions of Article R. 49-38, when the request for information from a competent service of one of the Member States of the European Union or of one of the non-member States mentioned in Article 695-9-48 enters in the forecasts of the first paragraph of Article R. 49-36, the services and units mentioned in Article 695-9-31 shall respond to it,
"In other cases, the answer is addressed to the competent service of the requesting State within a maximum period of fourteen days.
"Art. R. 49-38.-The services and units referred to in 695-9-31 may defer their response if they are not in a position to transmit the information requested within the time limit set out in R. 49-37. They indicate the reasons for this postponement to the competent service of the requesting State by means of a form established in accordance with Annex A to Framework Decision 2006/960/AI dated 18 December 2006.
"When the services and units requested defer their reply on the grounds that the respect for the eight-hour period provided for in the first paragraph of Article R. 49-37 would impose a disproportionate burden on them, they shall immediately inform the competent service of the requesting State and transmit the requested information to it no later than three days.
"Art. R. 49-39.-When they are unable to respond to a request for information or when they refuse to respond to such a request for one of the reasons provided for in Articles 695-9-39 to 695-9-42, the services and units referred to in Article R. 695-9-31 shall inform the competent service of the requesting State.
"In the case provided for in Article 695-9-44, they inform the competent department of the requesting State of the reasons for which, if any, they oppose the retransmission or reuse of the information. »
This decree is applicable throughout the territory of the Republic.
The Guard of Seals, Minister of Justice and Freedoms, Minister of the Interior, Overseas, Territorial Authorities and Immigration, and Minister of Budget, Public Accounts and State Reform, Spokesman of the Government, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 5 April 2012.
François Fillon
By the Prime Minister:
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
