Fiches Belges

When a Member State does not need the technical assistance of another Member State to intercept the telecommunications of a person in the territory of that other State, no European Investigation Order is required. In this context, the competent authority shall notify the interception to the Member State using Annex C of the EIO or in accordance with Article 20 of the Convention of 29 May 2000 for Member States not applying the Directive 2014/41 on EIO. Under French law the following measures fall into the scope of interception of telecommunication : interception of correspondence emitted by electronic communications, "IMSI catcher", remote data capture.

• Directive 2014/41/EU of 3 April 2014 : art. 31. (annex C) • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 : art. 20.

Directive 2014/41/EU of 3 April 2014 and EU MLA Convention of 29 May 2000 : The authority competent to receive the notification of interception is the Directorate of Criminal Affairs and Pardons (art D.32-2-1 of the French Code of Criminal Procedure), more specifically the Office for mutual legal assistance in criminal matters.

• Directive 2014/41/EU of 3 April 2014 on the European Investigation Order : French. • Convention of 29 May 2000 do not raise any question of translation requirements.

• The Directive 2014/41 of 3 April 2014 (article 31 3.) provides that the notified State may, in case where the interception would not be authorised in a similar domestic case, notify, without delay and at the latest within 96 hours after the receipt of the notification, to the competent authority of the intercepting Member State : - that the interception may not be carried out or must be terminated ; - if necessary, that the data intercepted while the target of the interception was on its territory may not be used or may be used only under such conditions as it specifies. • The Convention of 29 May 2000 (article 20 4.) provides that the notified State shall respond without delay or within a maximum period of 96 hours, period which can be extended to a maximum of 8 days to enable the notified Member State to carry out internal procedures required by its criminal legislation.

The rules provided for in Articles 31 of the Directive 2014/41 of 3 April 2014 and 20 of the Convention of 29 May 2000, and set out above, are not applicable to authorisations to use data resulting from the installation of a tracking device or a listening device in a vehicle, which fall under a request for mutual assistance.