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:Article 18 Requests for interception of telecommunications

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

Article 18 Requests for interception of telecommunications

Geldend

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1.

For the purpose of a criminal investigation, a competent authority in the requesting Member State may, in accordance with the requirements of its national law, make a request to a competent authority in the requested Member State for:

(a)

the interception and immediate transmission to the requesting Member State of telecommunications; or

(b)

the interception, recording and subsequent transmission to the requesting Member State of the recording of telecommunications.

2.

Requests under paragraph 1 may be made in relation to the use of means of telecommunications by the subject of the interception, if this subject is present in:

(a)

the requesting Member State and the requesting Member State needs the technical assistance of the requested Member State to intercept his or her communications;

(b)

the requested Member State and his or her communications can be intercepted in that Member State;

(c)

a third Member State which has been informed pursuant to Article 20(2)(a)an the[lees: and the] requesting Member State needs the technical assistance of the requested Member State to intercept his or her communications.

3.

By way of derogation from Article 14 of the European Mutual Assistance Convention and Article 37 of the Benelux Treaty, requests under this Article shall include the following:

(a)

an indication of the authority making the request;

(b)

confirmation that a lawful interception order or warrant has been issued in connection with a criminal investigation;

(c)

information for the purpose of identifying the subject of the interception;

(d)

an indication of the criminal conduct under investigation;

(e)

the desired duration of the interception; and

(f)

if possible, the provision of sufficient technical data, in particular the relevant network connection number, to ensure that the request can be met.

4.

In the case of a request pursuant to paragraph 2(b), a request shall also include a summary of the facts. The requested Member State may require any further information to enable it to decide whether the requested measure would be taken by it in a similar national case.

5.

The requested Member State shall undertake to comply with requests under paragraph 1 (a):

(a)

in the case of a request pursuant to paragraph 2(a) and 2(c), on being provided with the information in paragraph 3. The requested Member State may allow the interception to proceed without further formality;

(b)

in the case of a request pursuant to paragraph 2(b), on being provided with the information in paragraphs 3 and 4 and where the requested measure would be taken by it in a similar national case. The requested Member State may make its consent subject to any conditions which would have to be observed in a similar national case.

6.

Where immediate transmission is not possible, the requested Member State shall undertake to comply with requests under paragraph 1(b) on being provided with the information in paragraphs 3 and 4 and where the requested measure would be taken by it in a similar national case. The requested Member State may make its consent subject to any condition which would have to be observed in a similar national case.

7.

When giving the notification provided for in Article 27(2), any Member State may declare that it is bound by paragraph 6 only when it is unable to provide immediate transmission. In this case the other Member States may apply the principle of reciprocity.

8.

When making a request under paragraph 1(b), the requesting Member State may, where it has a particular reason to do so, also request a transcription of the recording. The requested Member State shall consider such requests in accordance with its national law and procedures.

9.

The Member State receiving the information provided under paragraphs 3 and 4 shall keep that information confidential in accordance with its national law.

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