Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Convention European safeguard of human rights and fundamental freedoms (Protocols Nos. 1, 3, 4 and 5) of 4 November 1950;
Given the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg on 20 April 1959;
Having regard to the agreement between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at the common borders, concluded at Schengen on 14 June 1985, Signed on 19 June 1990;
Having regard to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on mutual assistance in criminal matters between the Member States of the European Union, done in Brussels on 29 May 2000;
In view of Act No. 2005-287 of 30 March 2005 authorising the approval of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on mutual assistance in criminal matters between Member States From the European Union, made in Brussels on 29 May 2000;
In view of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France;
Given the decree n ° 91-386 of 17 April 1991 on the publication of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, done in Strasbourg on 17 March 1978 and signed by France on 28 March 1990,
Décrète:
The Convention established by the Council in accordance with Article 34 of the Treaty on European Union relating to Mutual legal assistance in criminal matters between the Member States of the European Union, made in Brussels on 29 May 2000, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
C O N V E N T I O N
PREPARED BY THE COUNCIL UNDER ARTICLE 34 OF THE TREATY ON THE EUROPEAN UNION ON THE JUDICIAL TREATY IN CRIMINAL MATTERS BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION The
Contracting Parties to this Convention, Member States of the European Union,
Referring to the act of Council establishing the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union,
Wishing to improve judicial cooperation in criminal matters between the Member States of the European Union, without Prejudice to the provisions protecting individual freedom,
Stressing the common interest of the Member States in ensuring that mutual legal assistance between Member States works effectively, quickly and in accordance with the principles Fundamental to their domestic law and in respect of the individual rights and principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950,
Expressing their trust In the structure and functioning of their legal systems and in the capacity of all member states to ensure a fair trial,
Resolved to complete the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, and the other conventions in force in this field, by a convention of the European Union,
Recognizing that the provisions of these conventions remain applicable to all matters not dealt with in the present Convention,
Considering the importance which the Member States attach to the strengthening of judicial cooperation, while continuing to apply the principle of proportionality,
Recalling that this Convention lays down the rules of Mutual legal assistance in criminal matters, on the basis of the principles of the Convention of 20 April 1959,
Considering, however, that Article 20 of this Convention regulates certain specific situations concerning the interception of Without this having any bearing on situations outside the scope of the Convention,
Considering that the general principles of international law apply in situations which Not covered by this Convention,
Recognizing that this Convention does not affect the exercise of the responsibilities incumbent upon the Member States for the maintenance of public order and the safeguarding of security And that it is for each Member State to decide, in accordance with Article 33 of the Treaty on European Union, of the conditions in which it intends to maintain public order and safeguard internal security,
have agreed to this Which follows:
Article 1
Relations with other
conventions relating to Mutual legal assistance
1. The purpose of this Convention is to supplement the provisions and facilitate the application between the Member States of the European Union:
(a) of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, hereinafter referred to as " European Convention on Mutual Legal Assistance " ;
(b) of the Additional Protocol to the European Convention on Mutual Legal Assistance of 17 March 1978;
(c) provisions on mutual legal assistance in criminal matters of the Convention Application of the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, signed on 19 June 1990 (hereinafter referred to as the ' Schengen application convention "), which are not repealed under the Article 2 (2);
(d) of Chapter 2 of the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, of 27 June 1962, as amended by the Protocol of 11 May 1974, hereinafter referred to as " Benelux Treaty ", in the context of relations between the Member States of the Benelux Economic
. This Convention shall not affect the application of more favourable provisions in the framework of bilateral or multilateral agreements concluded between Member States or, as provided for in Article 26 (4) of the European Convention on Mutual Assistance Judicial assistance in the field of mutual legal assistance in criminal matters on the basis of uniform legislation or a special regime providing for the reciprocal application of mutual legal assistance measures in their territories
Article 2
Schengen acquis provisions
1. The provisions of Articles 3, 5, 6, 7, 12 and 23 and, to the extent that they are relevant to Article 12, Articles 15 and 16 and, to the extent that they are relevant to the articles concerned, Article 1 shall constitute measures Amending or relying on the provisions referred to in Annex A to the Agreement concluded by the Council of the European Union, the Republic of Iceland and the Kingdom of Norway on the association of these two States with the implementation, application and Developing the Schengen acquis (1).
2. The provisions of Article 49 (a) and Articles 52, 53 and 73 of the Schengen Application Convention shall be repealed.
Article 3
Procedures in which mutual legal assistance
is also granted
1. Mutual legal assistance shall also be granted in proceedings in respect of facts which are punishable under the national law of the requesting Member State or of the requested Member State, or both, in respect of infringements of the regulations pursued by Administrative authorities whose decision may give rise to an appeal before a court competent in particular in criminal matters.
2. Mutual legal assistance shall also be granted in criminal proceedings and in the procedures referred to in paragraph 1 for facts or offences which may incur liability of a legal person in the requesting Member State.
Item 4
Formalities and Procedures for
Execution of Mutual Legal Assistance Requests
1. In cases where mutual legal assistance is granted, the requested Member State shall comply with the formalities and procedures expressly indicated by the requesting Member State, unless otherwise provided for in this Convention and insofar as such formalities And procedures are not contrary to the fundamental principles of the law of the requested Member
. The requested Member State shall execute the request for mutual legal assistance as soon as possible, taking due account of the procedural or other deadlines indicated by the requesting Member State. This explains the reasons for these deadlines.
3. Where the application cannot be executed, or cannot be carried out in full, in accordance with the requirements of the requesting Member State, the authorities of the requested Member State shall without delay inform the authorities of the requesting Member State and Indicate the conditions under which the application could be executed. The authorities of the requesting Member State and the requested Member State may subsequently agree on the continuation of the request, if necessary, by making it conditional on compliance with those conditions.
4. If it is foreseeable that the time limit fixed by the requesting Member State for carrying out its application cannot be complied with, and whether the reasons referred to in paragraph 2, second sentence, clearly show that any delay will significantly impede the procedure In the requesting Member State, the authorities of the requested Member State shall without delay indicate the estimated time necessary for the execution of the application. The authorities of the requesting Member State shall, without delay, indicate whether the application is nevertheless maintained. The authorities of the requesting Member State and of the requested Member State can then agree on the continuation of the application.
Article 5
Sending and handing in parts
1. Each Member State shall send directly by post to persons in the territory of another Member State the procedural documents intended for them.
2. The sending of the pleadings may not take place through the competent authorities of the requested Member State unless:
(a) the address of the person to whom the part is intended is unknown or uncertain;
(b) the rules of procedure Applicable from the requesting Member State require proof of delivery to the addressee other than that which may be obtained by post;
(c) the part could not be delivered by post, or
(d) the Member State Applicant has legitimate reasons to believe that the postal route will prove ineffective or inappropriate.
3. Where there is reason to believe that the recipient does not understand the language in which the part is established, this part-or at least its important passages-must be translated into the (or one of the) language (s) of the Member State in the territory Where the recipient is located. If the authority in the part knows that the addressee knows only another language, the part-or at least its important passages-must be translated into that other language.
4. All procedural documents shall be accompanied by a note stating that the addressee may obtain from the authority from the part, or other authorities of the Member State concerned, information on his rights and obligations concerning the part. Paragraph 3 also applies to this note.
5. This Article shall not affect the application of Articles 8, 9 and 12 of the European Convention on Legal Assistance and Articles 32, 34 and 35 and the Benelux Treaty.
Article 6
Transmission of requests for assistance
1. Requests for assistance and spontaneous exchanges of information referred to in Article 7 shall be made in writing or by any means enabling it to be obtained in writing under conditions enabling the receiving Member State to verify its authenticity. Applications shall be transmitted directly between the competent judicial authorities to present and execute them and shall be replied to in the same way, except as otherwise provided in this Article
By a Member State for prosecution in the courts of another Member State, within the meaning of Article 21 of the European Convention on Mutual Assistance and Article 42 of the Benelux Treaty, may be the subject of direct communication Between competent judicial authorities.
2. Paragraph 1 shall not affect the possibility of sending or sending requests in particular cases:
(a) from a central authority of a Member State to a central authority of another Member State, or
(b) from a judicial authority From a Member State to a central authority of another Member State, or vice versa.
3. Notwithstanding paragraph 1, the United Kingdom and Ireland respectively may indicate, at the time of the notification referred to in Article 27 (2), that the applications and communications transmitted to them shall, as indicated in the Declaration, through their central authority. These Member States may, at any time, by another declaration, restrict the scope of that declaration in order to reinforce the effect of paragraph 1. They shall do so when the provisions of the Schengen Agreement relating to mutual assistance are brought into force for them.
Any Member State may apply the principle of reciprocity in respect of the declarations mentioned Above.
4. Any request for mutual legal assistance may, in the event of an emergency, be submitted through the International Criminal Police Organisation (Interpol) or any competent body in accordance with provisions adopted under the Treaty on European Union
5. In the case of requests made under Articles 12, 13 or 14, if the competent authority is, in a Member State, a judicial authority or a central authority and, in the other Member State, a police or customs authority, applications and Answers may be exchanged directly between these authorities. Paragraph 4 applies to these contacts.
6. In the case of requests for mutual assistance in relation to proceedings such as those referred to in Article 3 (1), if the competent authority is, in one Member State, a judicial authority or a central authority and, in the other Member State, Administrative authority, requests and responses may be exchanged directly between these authorities.
7. At the time of the notification referred to in Article 27 (2), a Member State may declare that it is not bound by the first sentence of paragraph 5 or paragraph 6 of this Article or by the two provisions, or Apply that, under certain conditions, it specifies. This declaration may be withdrawn or modified at any time.
8. The requests or communications referred to hereafter shall be made by the central authorities of the Member States:
a) requests for the temporary or transit transfer of detainees referred to in Article 9 of this Convention and to the Article 11 of the European Convention on Mutual Assistance and Article 33 of the Benelux Treaty;
(b) the notices of conviction referred to in Article 22 of the European Convention on Mutual Assistance and Article 43 of the Benelux Treaty. However, requests for copies of the sentences and measures referred to in Article 4 of the Additional Protocol to the European Convention on Mutual Assistance may be addressed directly to the competent authorities.
Article 7
Instant exchange of information
1. Within the limits of their national law, the competent authorities of the Member States may, without an application to that effect, exchange information concerning criminal offences and infringements of the regulations Referred to in Article 3 (1) whose sanction or processing falls within the competence of the receiving authority at the time the information is provided.
2. The authority providing the information may, according to its national law, subject to certain conditions its use by the receiving authority.
3. The receiving authority is required to comply with these conditions
Article 8
Check in
1. The requested Member State may, at the request of the requesting Member State and without prejudice to the rights of third parties in good faith, place objects obtained by unlawful means at the disposal of the requesting State with a view to their return to the owner Legitimate.
2. Within the framework of the application of Articles 3 and 6 of the European Convention on Mutual Assistance as well as Article 24 (2) and Article 29 of the Benelux Treaty, the requested Member State may renounce, either before or after their surrender to The requesting Member State, for the return of the objects which have been given to the requesting Member State, if this may favour the return of those objects to their rightful owner. The rights of bona fide third parties are not affected.
3. In the event that the requested Member State waives the return of the objects before handing them over to the requesting Member State, it does not assert any right of pledge or any other right of appeal arising from the tax or customs legislation on such
. A waiver in accordance with paragraph 2 shall not affect the right of the requested Member State to collect from the rightful owner of the customs duties or taxes.
Article 9
Temporarily temporary, for the purposes of a Statement,
owned
1. In the event of an agreement between the competent authorities of the Member States concerned, a Member State which has requested a measure requiring the presence of a person detained in its territory may temporarily transfer that person to the Territory of the Member State where the statement is to take place.
2. The agreement provides for the terms of the temporary transfer of the person and the time limit in which it is to be returned to the territory of the requesting Member
. If the person concerned is required to consent to the transfer, a consent declaration or a copy thereof shall be provided without delay to the requested Member State.
4. The period of detention in the territory of the requested Member State shall be deducted from the length of the detention which the person concerned must be held in the territory of the requesting Member State.
5. The provisions of Article 11 (2) and (3) and Articles 12 and 20 of the European Convention on Mutual Assistance shall apply mutatis mutandis to this
. At the time of the notification provided for in Article 27 (2), each Member State may declare that, for the implementation of the agreement referred to in paragraph 1 of this Article, the consent referred to in paragraph 3 of this Article shall be required or Will be subject to certain conditions specified in the declaration.
Article 10
Hearing by video conference
1. If a person who is in the territory of a Member State has to be heard as a witness or expert by the judicial authorities of another Member State, the latter may request, if it is inappropriate or impossible for the person to hear Appear in person on its territory, that the hearing be held by videoconference, in accordance with paragraphs 2 to 8.
2. The requested Member State consents to the hearing by videoconference, provided that the use of this method is not contrary to the fundamental principles of its right and provided that it has the technical means to carry out the hearing. If the requested Member State does not have the technical means for a videoconference, the requesting Member State may make them available to the requested Member State with the agreement of that Member State.
3. Requests for hearing by videoconference shall contain, in addition to the information specified in Article 14 of the European Convention on Mutual Legal Assistance and Article 37 of the Benelux Treaty, why it is not desirable or not The witness or expert may be present in person at the hearing, the name of the judicial authority and the persons to be heard.
4. The judicial authority of the requested Member State shall summon the person concerned in the manner prescribed by its legislation.
5. The following rules apply to the hearing by video conference:
a) the hearing takes place in the presence of a judicial authority of the requested Member State, assisted if necessary by an interpreter; this authority is also responsible for the identification of The person heard and respect for the fundamental principles of the law of that Member State. If the judicial authority of the requested Member State considers that the fundamental principles of the law of that Member State are not respected during the hearing, it shall immediately take the necessary measures to ensure that the hearing continues In accordance with the said principles;
(b) the competent authorities of the requesting and requested Member States agree, where appropriate, with the measures relating to the protection of the person to be heard;
(c) the hearing shall be carried out directly by The judicial authority of the requesting Member State, or under its direction, in accordance with its internal law;
d) at the request of the requesting Member State or the person to be heard, the requested Member State shall ensure that it is, if necessary, Assisted by an interpreter;
e) the person to be heard may invoke the right not to testify that would be recognized by law either from the requested Member State or from the requesting Member State.
6. Without prejudice to any agreed measures relating to the protection of persons, the judicial authority of the requested Member State shall, at the end of the hearing, establish a record of the date and place of the hearing, the identity of the Person to be heard, the identities and qualifications of all the other persons of the requested Member State who took part in the hearing, any possible oath and the technical conditions in which the hearing took place. This document is transmitted by the competent authority of the requested Member State to the competent authority of the requesting Member State.
7. The cost of establishing the video link, the costs related to the making available of the video link in the requested Member State, the remuneration of the interpreters it provides and the allowances paid to witnesses and experts and their costs Member State shall be reimbursed by the requesting Member State to the requested Member State, unless the Member State waives the reimbursement of all or part of such expenditure.
8. Each Member State shall take the necessary measures to ensure that, where witnesses or experts are heard on its territory in accordance with this Article and refuse to give evidence when they are required to do so, or make false statements, Its national law applies as it would apply if the hearing took place in a national procedure.
9. Member States may, if they so wish, also apply the provisions of this Article, where appropriate and with the agreement of their competent judicial authorities, to the videoconference hearings involving a person Criminal prosecution. In such a case, the decision to hold the video conference and the manner in which it takes place shall be the subject of an agreement between the Member States concerned and are in accordance with their national law and the relevant international instruments, including The European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.
Any Member State may, when making the notification provided for in Article 27 (2), declare that it will not apply the first subparagraph. This declaration may be withdrawn at any time.
Hearings may take place only if the person being prosecuted is consenting to it. The Council shall adopt in a binding legal instrument the rules that may be necessary to ensure the protection of the rights of persons prosecuted in criminal matters.
Article 11
Hearings of witnesses and experts Teleconference
1. If a person who is in the territory of a Member State has to be heard as a witness or expert by the judicial authorities of another Member State, the latter may request, where his national law so provides, the assistance of the first State Member so that the hearing may be held by teleconference, in accordance with the provisions of paragraphs 2 to 5.
2. A teleconference hearing may only take place if the witness or expert accepts that the hearing is to be conducted by this means.
3. The requested Member State consents to the hearing by teleconference provided that the use of this method is not contrary to the fundamental principles of its right.
4. Requests for hearing by teleconferencing contain, in addition to the information referred to in Article 14 of the European Convention on Mutual Legal Assistance and Article 37 of the Benelux Treaty, the name of the judicial authority and the persons who will The hearing and an indication that the witness or expert is willing to participate in a hearing by teleconference.
5. The practical arrangements for the hearing shall be agreed by the Member States concerned. When accepting these terms and conditions, the requested Member State undertakes to:
(a) notify the witness or expert concerned of the time and place of the hearing;
(b) ensure the identification of the witness or expert;
(c) verify that the witness or The expert accepts the hearing by teleconference.
The requested Member State may give its consent subject to the application, in whole or in part, of the relevant provisions of Article 10 (5) and (8). Unless otherwise agreed, the provisions of Article 10 (7) shall apply mutatis mutandis.
Article 12
Monitored deliveries
1. Each Member State undertakes to ensure that, at the request of another Member State, controlled deliveries may be authorised on its territory in criminal investigations relating to offences liable to give rise to extradition
2. The decision to use controlled deliveries shall be taken in each case by the competent authorities of the requested Member State in accordance with the national law of that Member State.
3. Controlled deliveries shall take place in accordance with the procedures laid down by the requested Member State. The power to act, the direction and control of the operation belong to the competent authorities of that Member State.
Article 13
Common investigative teams
1. The competent authorities and at least two Member States may, by mutual agreement, establish a joint investigation team, with a specific objective and for a limited duration which can be extended with the agreement of all the parties, to carry out Criminal investigations in one or more of the Member States that create the team. The composition of the team shall be drawn up in the agreement.
A joint investigation team may be established, inter alia, where:
a) in the context of an investigation procedure carried out by a Member State for the detection of infringements, it is necessary to Difficult investigations involving the mobilisation of important means, which also concern other Member States;
(b) several Member States carry out investigations into infringements which, by reason of the facts which led to the They require coordinated and concerted action in the Member States in question.
The request for the creation of a joint investigation team may emanate from any Member State concerned. The team is created in one of the member states where the survey is to be performed.
2. In addition to the indications referred to in the relevant provisions of Article 14 of the European Convention on Mutual Legal Assistance and Article 37 of the Benelux Treaty, requests for the creation of a joint investigation team shall contain proposals Relative to team composition.
3. The Joint Investigation Team shall intervene in the territory of the Member States which create it under the following general conditions:
a) the person responsible for the team shall be a representative of the competent authority-participating in criminal investigations-of The Member State in whose territory the team intervenes. The team leader shall act within the limits of his or her competences under national law;
b) the team shall carry out its operations in accordance with the law of the Member State in whose territory it intervenes. The members of the team shall carry out their tasks under the responsibility of the person referred to in point a, taking into account the conditions laid down by their own authorities in the agreement on the creation of the team;
(c) the Member State on the Where the team intervenes creates the organizational conditions necessary to enable it to do so.
4. In this Article, members of the Joint Investigation Team from Member States other than that in whose territory the team intervenes shall be designated as members " Detached " Team.
5. Members seconded to the Joint Investigation Team shall be entitled to be present when investigative measures are taken in the Member State of intervention. However, the Team Leader may, for special reasons, decide otherwise, in accordance with the law of the Member State on whose territory the team is involved.
6. The seconded members of the joint investigation team may, in accordance with the law of the Member State of intervention, be entrusted, by the person responsible for the team, with the task of taking certain investigative measures, subject to the consent of the authorities Of the Member State of intervention and of the Member State which carried out the secondment.
7. Where the Joint Investigation Team requires that investigative measures be taken in one of the Member States which created it, the members seconded to the team by that Member State may ask their competent authorities to take such measures. Measures. These measures are considered in the Member State in question under the conditions that would apply if they were requested in a national inquiry.
8. Where the joint investigation team needs the assistance of a Member State other than those who created it, or a third State, the request for mutual assistance may be addressed by the competent authorities of the State of intervention to their counterparts in the other State In accordance with relevant instruments or arrangements.
9. A seconded member of the Joint Investigation Team may, in accordance with its national law and within the limits of its competence, provide the team with information which is available in the Member State which has seconded it for the purposes of the investigations Criminal investigations by the team.
10. Information obtained on a regular basis by a member or seconded member in connection with his participation in a joint investigation team and which cannot be obtained in any other way by the competent authorities of the Member State Concerned, can be used for the following purposes:
a) for the purposes for which the team was created;
b) to detect, investigate and prosecute other criminal offences subject to the prior consent of the Member State where The information was obtained. Consent may be refused only in cases where such use would constitute a danger to criminal investigations carried out in the Member State concerned, or for which that Member State could refuse mutual assistance;
(c) for security And without prejudice to the provisions of point b if, subsequently, a criminal investigation is initiated;
(d) for other purposes, provided that this has been agreed by the Member States that created the team.
11. The provisions of this Article shall not affect other existing provisions or arrangements relating to the creation or intervention of joint investigation teams.
12. To the extent that the law of the Member States concerned or the provisions of any legal instrument applicable between them permit, arrangements may be made for persons other than representatives of the competent authorities Member States which create the joint investigation team shall take part in the activities of the team. This can be, for example, agents of bodies established under the Treaty on European Union. The rights conferred on members and members seconded to the team under this Article shall not apply to such persons, unless otherwise provided explicitly in the Agreement.
Article 14
Discrete surveys
1. The requesting Member State and the requested Member State may agree to assist each other in the conduct of criminal investigations carried out by agents acting in secret or under a fictitious identity (discrete investigations
. The competent authorities of the requested Member State shall decide in each case the answer to be given to the application, taking due account of the law and national procedures. The two Member States agree, in accordance with their law and national procedures, of the length of the discreet investigation, the precise arrangements and the legal status of the agents concerned during the discreet investigations.
3. Discrete investigations shall be conducted in accordance with the law and the national procedures of the Member State in whose territory they are carried out. The Member States concerned shall cooperate to ensure their preparation and direction and to make arrangements for the safety of agents acting in secret or under a fictitious
. At the time of the notification referred to in Article 27 (2), any Member State may declare that it is not bound by this Article. This declaration may be withdrawn at any time.
Article 15
Criminal liability in respect of
employees
In the course of the operations referred to in Articles 12, 13 and 14, Officials of a Member State other than the Member State of intervention shall be assimilated to the agents of the Member State in relation to the offences of which they are victims or which they would be committing.
Article 16
Accountability Civil servants for
employees
1. Where, in accordance with Articles 12, 13 and 14, officials of a Member State are on a mission in the territory of another Member State, the first Member State shall be responsible for the damage they cause during the conduct of the mission, According to the law of the Member State in whose territory they operate.
2. The Member State in whose territory the damage referred to in paragraph 1 is caused shall bear compensation for such damage in the conditions applicable to damage caused by its own agents.
3. The Member State whose officials have caused damage to anyone in the territory of another Member State shall reimburse the latter for the sums paid to the victims or their successors in title.
4. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of the provision in paragraph 3, each Member State shall, in the case provided for in paragraph 1, surrender to another Member State the reimbursement of the amount of damages
Article 17
Competent authority for Order
to intercept telecommunications
For the purposes of applying the provisions of sections 18, 19 and 20, " Competent authority " A judicial authority or, where judicial authorities are not Competent authority designated in accordance with Article 24 (1) (e) and acting for the purpose of criminal investigation.
Article 18
Telecommunications Interception Requests
1. A competent authority of the requesting Member State may, for the purposes of a criminal investigation and in accordance with the requirements of its national law, address to a competent authority of the requested Member State an application for:
a) The interception of telecommunications and their immediate transmission to the requesting Member State, or
(b) the interception of the registration and subsequent transmission of the telecommunications registration to the requesting Member
. Requests under paragraph 1 may be made in respect of the use of telecommunication means by the target of the interception, if the interception is in:
(a) the requesting Member State, and where the requesting Member State needs The technical assistance of the Member State required to intercept communications from the target;
b) the requested Member State, and when the communications of the target can be intercepted in that State;
c) in a third Member State, which has Has been informed in accordance with Article 20 (2) a, and where the requesting Member State needs the technical assistance of the Member State required to intercept communications from the
. By way of derogation from Article 14 of the European Convention on Mutual Assistance and Article 37 of the Benelux Treaty, applications submitted pursuant to this Article shall:
(a) indicate the authority submitting the application;
(b) Confirm that a regular interception order or warrant has been issued in the course of a criminal investigation;
c) contain information to identify the target of the interception;
d) indicate the offending behaviour The survey;
e) mention the desired duration of the interception, and,
f) if possible, contain sufficient technical data, in particular the relevant network connection number, to allow processing of the request.
4. Where the application is made pursuant to paragraph 2 (b), it shall also contain a description of the facts. The requested Member State may request any additional information which it considers necessary to enable it to assess whether the required measure is taken in a similar national case.
5. The requested Member State undertakes to grant the applications submitted under paragraph 1, point a:
(a) where the request is made pursuant to paragraph 2, points a and c, as soon as it has received the information listed in paragraph 3. The requested Member State may authorise interception without further formalities;
(b) where the request is made pursuant to paragraph 2 (b) as soon as it has received the information referred to in paragraphs 3 and 4 and where the required measure is Taken in a similar national case. The requested Member State may make its agreement conditional on the conditions which should be respected in a similar national case.
6. Where immediate transmission is not possible, the requested Member State shall undertake to respond to requests under paragraph 1 (b) as soon as it has received the information referred to in paragraphs 3 and 4 and where the required measure Would be taken in a similar national case. The requested Member State may make its agreement conditional on the conditions which should be respected in a similar national case.
7. At the time of the notification referred to in Article 27 (2), a Member State may declare that it is bound by paragraph 6 only when it is unable to ensure an immediate transmission. In such cases, the other Member States may apply the principle of reciprocity.
8. When making an application under paragraph 1 (b), the requesting Member State may, if it has a particular reason to do so, also request a transcript of the registration. The requested Member State shall examine these applications in accordance with its national legislation and
. The Member State which receives the information communicated pursuant to paragraphs 3 and 4 shall treat them in confidence in accordance with its national law.
Article 19
Interception of telecommunications on the National territory
through service providers
1. Member States shall ensure that telecommunications service systems which operate on their territory via a ground station and which, for the purpose of lawful interception of communications from a target present in another Member State, do not Are not directly accessible in the territory of the latter, may be made directly accessible for the purposes of lawful interception by that Member State through a designated service provider present on its Territory.
2. In the case referred to in paragraph 1, the competent authorities of a Member State may, for the purposes of a criminal investigation, in accordance with the applicable national law and provided that the target of the interception is present in that State Member, to intercept via a designated service provider present on its territory without involving the Member State on whose territory the ground station is located.
3. Paragraph 2 shall also apply where interception is carried out following an application under Article 18 (2) (b).
4. Nothing in this Article shall prevent a Member State from presenting to the Member State on whose territory the ground station is located an application for lawful interception of telecommunications, in accordance with Article 18, in particular when it There is no intermediary in the requesting Member State.
Article 20
Telecommunications interception
without the technical assistance of another Member State
1. Without prejudice to the general principles of international law and the provisions of Article 18 (2) (c), the obligations laid down in this Article shall apply to interception orders given or authorised by the authority Competent of a Member State in the context of criminal investigations presenting the characteristics of an investigation conducted when a specific criminal offence has been committed, including attempts to the extent that they are criminalised in law National, for the purposes of identification and arrest, prosecution or judgment of those responsible.
2. Where the competent authority of a Member State which carries out the interception (the Member State intercepting) has authorised, for the purposes of a criminal investigation, the interception of telecommunications and the telecommunications address of the target referred to in The order of interception is used in the territory of another Member State (the notified Member State) whose technical assistance is not necessary to carry out this interception, the Member State notifies the notified Member State of Interception:
a) before interception in cases where it already knows when ordering interception that the target is on the territory of the notified Member State;
b) in other cases, as soon as it becomes aware that the target of The interception is on the territory of the notified Member State.
3. The information notified by the intercepting member state must in particular:
a) indicate the authority that orders the interception;
b) confirm that a regular interception order has been issued in the course of a criminal investigation;
c) contain Information to identify the target of the interception;
d) indicate the offence under investigation;
e) indicate the probable duration of the intercept.
4. The following provisions shall apply when a Member State receives a notification pursuant to paragraphs 2 and 3.
(a) As soon as it has received the information listed in paragraph 3, the competent authority of the notified Member State shall reply Without delay, and at the latest within the ninety-six hour period, to the Member State intercepting, in view:
i) to allow the interception to be carried out or continued. The notified Member State may give its consent subject to any conditions which should be complied with in a similar national case;
ii) require that the interception not be carried out or be interrupted when it does not Would not be permitted under the national law of the notified Member State, or for the reasons mentioned in Article 2 of the European Convention on Mutual Legal Assistance. Where the notified Member State imposes this requirement, it must give reasons for its decision in writing;
(iii) require, in the cases referred to in item ii, that the data intercepted while the target was on its territory cannot be Used or can only be used under the conditions specified by it. The Member State shall notify the Member State intercepting grounds which justify such conditions;
(iv) to request, in agreement with the intercepting Member State, that the initial period of ninety-six hours be extended for a short period which does not May exceed eight days in order to perform the internal procedures required by its national law. The notified Member State shall inform the Member State in writing of the reasons which, having regard to its legislation, justify the request for an extension of the deadline.
(b) As long as the notified State has not taken a decision in accordance with point a i or ii, The Member State intercepting:
i) can continue interception and
ii) cannot use the data already intercepted except:
-if it was otherwise agreed between the member states involved, or
-to take action Urgent in order to prevent an immediate and serious danger to public safety. The notified Member State shall then be informed of the use of such data and of the reasons justifying it.
(c) The notified Member State may request a summary of the facts and any additional information necessary to enable it to decide Whether the interception would be allowed in a similar national case. Such a request shall in no way affect the application of point b, unless otherwise agreed between the notified Member State and the intercepting Member State.
(d) Member States shall take the necessary measures to ensure that a reply is provided within the time limit Of ninety-six hours. To this end, they shall designate points of contact, which shall be in service 24 hours a day, and shall mention them in their declaration in accordance with Article 24 (1) (e
. The notified Member State shall treat the information communicated under paragraph 3 in confidence in accordance with its national
. Where the Member State intercepts the opinion that the information to be communicated pursuant to paragraph 3 is particularly sensitive, it may forward it to the competent authority through a specific authority where there is an agreement To this end between the Member States concerned.
7. At the time of the notification referred to in Article 27 (2) or at any later time, a Member State may declare that it will not be necessary to provide it with information on interceptions as provided for in the present Article.
Article 21
Support for Costs Exposed by
Operators of Telecommunications Facilities
The costs incurred by operators of telecommunications facilities Or service providers as a result of the execution of the applications referred to in Article 18 shall be the responsibility of the requesting Member State.
Article 22
Bilateral arrangements
Nothing in the present Shall not prevent the conclusion of bilateral or multilateral agreements between Member States for the purpose of facilitating the exploitation of present and future technical possibilities for lawful interception of telecommunications
Article 23
Personal Data Protection
1. The personal data communicated under this Convention may be used by the Member State to which they have been transmitted:
(a) for the purposes of the procedures to which this Convention applies;
(b) for the purposes of Other judicial or administrative proceedings directly related to the procedures referred to in a;
(c) to prevent an immediate and serious danger to public safety;
(d) for any other purpose, only after prior consent Of the Member State which transmitted the data, unless the Member State concerned obtained the agreement of the data subject.
2. This Article also applies to personal data which have not been communicated but otherwise obtained under this Convention.
3. In the present case, the Member State which transmitted the personal data may request the Member State to whom the data has been transmitted to inform it of the use made of it.
4. Where conditions concerning the use of personal data have been imposed in accordance with Article 7 (2), Article 18 (5) (b), Article 18 (6) or Article 20 (4) thereof Shall prevail over the provisions of this Article. In the absence of such conditions, the provisions of this Article shall apply.
5. The provisions of Article 13 (10) shall prevail over those of this Article in respect of information obtained under Article 13.
6. This Article shall not apply to personal data obtained by a Member State pursuant to this Convention from that Member State.
7. Luxembourg may, at the time of signature of the Convention, declare that, where personal data are communicated to another Member State by Luxembourg under this Convention, the following provisions shall apply: :
Luxembourg may, subject to the provisions of paragraph 1, point c, depending on the circumstances of the case, require that, unless the Member State concerned has obtained the consent of the data subject, the personal data may not be Used for the purposes referred to in paragraph 1 (a) and (b), only with the prior agreement of Luxembourg in the framework of the procedures for which it could have refused or limit the transmission or use of personal data in accordance with The provisions of this Convention or of the instruments referred to in Article 1.
If, in a particular case, Luxembourg refuses to give its consent following the request of a Member State pursuant to the provisions of paragraph 1, it shall Must motivate its decision in writing
Article 24
Declarations
1. At the time of the notification referred to in Article 27 (2), each Member State shall indicate, in a declaration, the authorities which, in addition to those already indicated in the European Convention on Mutual Assistance and the Benelux Treaty, are Competent for the application of this Convention and the application, between the Member States, of the provisions on mutual legal assistance in criminal matters of the instruments referred to in Article 1 (1) and in particular:
(a) Competent administrative authorities within the meaning of Article 3 (1), where appropriate;
(b) one or more central authorities for the application of Article 6 and the competent authorities for the application referred to in Article 6 (1) 6, paragraph 8, points (a) and (b);
(c) the police or customs authorities competent for the application of Article 6 (5), where appropriate;
(d) the competent administrative authorities for the application of Article 6, Paragraph 6, if applicable and,
e) the competent authority or authorities for the application of Articles 18 and 19 and Article 20, paragraphs 1 to 5.
2. The declaration made in accordance with paragraph 1 may be amended at any time, in whole or in part, by the same route.
Article 25
Reservations
This Agreement shall not be subject to any Reserve, except those expressly provided for therein.
Article 26
Territorial application
This Convention shall apply to Gibraltar as soon as the application of the European Convention The
Kingdom shall notify the President of the Council in writing that it wishes to apply the Convention to the Channel Islands and to the Isle of Man following the extension of the application of the Convention European mutual legal assistance in these territories. The Council acts unanimously on this request.
Article 27
Entry into force
1. This Convention shall be subject to adoption by the Member States in accordance with their respective constitutional
. Member States shall notify the Secretary-General of the Council of the European Union of the completion of the procedures required by their constitutional rules for the adoption of this
. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the Member State of the European Union at the time of adoption by the Council of the Act establishing this Convention, which shall Eighth to this formality in the eight Member States concerned.
4. Any notification made by a Member State subsequent to the receipt of the eighth notification referred to in paragraph 2 shall have the effect that, ninety days after this subsequent notification, this Convention shall enter into force between that Member State and Member States for which the Convention has already entered into force.
5. Before the entry into force of the Convention under paragraph 3, each Member State may, when making the notification referred to in paragraph 2 or at any time after such notification, declare that this Convention is applicable in its Relations with the Member States which have made the same declaration. Such declarations shall take effect ninety days after the date of their filing.
6. This Convention shall apply to mutual assistance proceedings initiated after the date on which it entered into force, or is applied in accordance with paragraph 5, between the Member States concerned.
Article 28
Accession of New member states
1. This Convention is open for accession by any State which becomes a member of the European Union.
2. The text of this Convention in the language of the acceding State established by the Council of the European Union shall be authentic.
3. The instruments of accession shall be deposited with the
. This Convention shall enter into force in respect of any State which accedes thereto ninety days after the deposit of its instrument of accession, or on the date of its entry into force if it has not yet entered into force at the time of expiry of the That period of ninety days.
5. If this Convention has not yet entered into force upon the deposit of their instrument of accession, Article 27 (5) shall apply to the acceding States.
Article 29
Entry into force for Iceland and the Norway
1. Without prejudice to Article 8 of the Agreement concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the association of these States with the implementation, application and development of the Schengen ("the Association Agreement"), the provisions referred to in Article 2 (1) shall enter into force for Iceland and Norway ninety days after receipt by the Council and the Commission of the information provided for in Article 8, Paragraph 2, of the Association Agreement concerning the satisfaction of their constitutional requirements, in their respective relations with any Member State for which this Convention has already entered into force pursuant to Article 27 (1) 3 or 4.
2. Any entry into force of this Convention for a Member State after the date of entry into force of the provisions referred to in Article 2 (1) for Iceland and Norway shall also make these provisions applicable in the relations between That Member State and Iceland and between that Member State and Norway.
3. In any event, the provisions referred to in Article 2 (1) shall not bind Iceland and Norway before the date set in accordance with Article 15 (4) of the Association Agreement.
4, Without prejudice to paragraphs 1, 2 And 3, the entry into force of the provisions referred to in Article 2 (1) for Iceland and Norway shall take place no later than the date of entry into force of this Convention for the fifteenth Member State, Member of the European Union at the time of The adoption by the Council of the act establishing this Convention.
Done at Brussels on 29 May 2000, in a single copy, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian and Dutch languages, The texts drawn up in each of these languages being equally authentic, which is deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall send a certified copy to each Member State.
Article 30
Depositary
1. The Secretary-General of the Council of the European Union shall be the depositary of this
. The depositary shall publish in the Official Journal of the European Communities the status of adoptions and accessions, declarations and reservations, and any other notification relating to this Convention.
Declaration of the Council on Article 10, paragraph 9
When considering the adoption of an instrument referred to in Article 10 (9), the Council shall take account of the obligations of the Member States under the European Convention on the Human Rights.
United Kingdom Declaration on Article 20
This statement by the United Kingdom is an integral part of the Convention:
" In the United Kingdom, Article 20 applies Within the framework of interception warrants issued by the Secretary of State for Police Services or by the United Kingdom Customs Service (" HM Customs & Excise) in cases where, in accordance with domestic law on interception of Communications, the mandate is issued to investigate serious criminal offences. It shall also apply to warrants issued to the Security Service in cases where, in accordance with domestic law, it acts in the context of an investigation with the characteristics described in Article 20 (1). "
Statements by the French Republic
Article 6, paragraph 7
France declares, in accordance with Article 6, paragraph 7, that it is not bound by the first sentence of paragraph 5 of the Article 6, or paragraph 6 of Article 6.
Article 10, paragraph 9
France declares that it will not apply the first subparagraph of Article 10, paragraph 9, to persons prosecuted When they appear before the court of judgment.
Article 24, paragraph 1
France declares that the competent authorities, in addition to the judicial authorities already indicated by the French Government at the time of the signing of the European Convention on Mutual Legal Assistance, are the following:
-for the application of paragraphs 2 and 8 (a) of Article 6: the Ministry of Justice, the Directorate of Criminal Matters And graces;
-for the purposes of paragraph 8 (b) of Article 6: the Ministry of Justice, Criminal Affairs and Pardons, National Criminal Records Service;
-for the purposes of Articles 18 and 19: The investigating judge territorially competent;
-for the purposes of paragraphs 1 to 5 of Article 20: the Ministry of Justice, the Directorate of Criminal Affairs and Pardons
Considered as French judicial authorities, for the purposes of the European Convention on Mutual Assistance in Criminal Matters, the sentencing judges and the regional courts for parole.
Article 27, paragraph 5
France declares that this Convention is applicable, in accordance with paragraph 5 of Article 27, in its relations with the Member States which have made the same declaration
Done at Paris, January 5, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
