Fiches Belges

The interception of telecommunication according to the Bulgarian legislation (Article 6 of the Law of Special Intelligence Means) has the nature of special mean of intelligence representing a method for proving of the content of respective communications. The measure is applicable in Bulgaria with regards to the international legal assistance in criminal matters. According to Art. 35 of the Bulgarian Law of EIO, where, for the purpose of carrying out an investigative measure and other judicial investigation measures, the interception of electronic communications is authorised by the competent authority of one Member State (the "intercepting Member State") and the communication address of the subject of the interception specified in the interception order is being used on the territory of another Member State (the "notified Member State") from which no technical assistance is needed to carry out the interception, the intercepting Member State notifies the competent authority of the notified Member State of the interception: 1. prior to the interception in cases where the competent authority of the intercepting Member State knows at the time of ordering the interception that the subject of the interception is or will be on the territory of the notified Member State; 2. during the interception or after the interception has been carried out, immediately after it becomes aware that the subject of the interception is or has been located on the territory of the notified Member State during the interception. The notification is to be made by using a form according to Annex C of the EIO.

Directive 2014/41/EU on EIOs Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by the Council in accordance with Article 34 of the Treaty on European Union, ratified by a law adopted by the National Assembly of Republic of Bulgaria, promulgated in State Gazette issue 58/2007 Articles 172-176 of the Bulgarian Criminal Procedure code The Bulgarian Law of Special Intelligence Means The Bulgarian Law of EIO

The competent authority of the intercepting Member State is obliged to inform the competent authority of the notified Member State from which no technical assistance is needed to carry out the interception.

The notification should be sent to the competent authorities translated into Bulgarian or English.

According the Article 35, paragraph 3 of the Bulgarian Law of EIO the competent authority of the notified Member States may, in case where the interception is not authorised in a similar domestic case, notify, without delay and at the latest within 96 hours after the receipt of the notification: 1. that the interception may not be carried out or shall be terminated; 2. where necessary, that any material already intercepted while the subject of the interception was on its territory may not be used, or may only be used under conditions specified by the said authority, informing the competent authority of the intercepting Member State of reasons justifying those conditions.

There are no specific national rules in respect of cooperation outside EU. The provisions of Art. 17-22 of the EU Convention 2000 are aplicable to Denmark and Ireland, both not bound by the Directive 2014/41/EU on EIOs.