Article 20 Interception of telecommunications without the technical assistance of another Member State

1.

2.

(a)

prior to the interception in cases where it knows when ordering the interception that the subject is on the territory of the notified Member State;

(b)

in other cases, immediately after it becomes aware that the subject of the interception is on the territory of the notified Member State.

3.

(a)

an indication of the authority ordering the interception;

(b)

confirmation that a lawful interception order 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; and

(e)

the expected duration of the interception.

4.

(a)

Upon receipt of the information provided under paragraph 3 the competent authority of the notified Member State shall, without delay, and at the latest within 96 hours, reply to the intercepting Member State, with a view to:

(i)

allowing the interception to be carried out or to be continued. The notified Member State may make its consent subject to any conditions which would have to be observed in a similar national case;

(ii)

requiring the interception not to be carried out or to be terminated where the interception would not be permissible pursuant to the national law of the notified Member State, or for the reasons specified in Article 2 of the European Mutual Assistance Convention. Where the notified Member State imposes such a requirement, it shall give reasons for its decision in writing;

(iii)

in cases referred to in point (ii), requiring that any material already intercepted while the subject was on its territory may not be used, or may only be used under conditions which it shall specify. The notified Member State shall inform the intercepting Member State of the reasons justifying the said conditions;

(iv)

requiring a short extension, of up to a maximum period of 8 days, to the original 96-hour deadline, to be agreed with the intercepting Member State, in order to carry out internal procedures under its national law. The notified Member State shall communicate, in writing, to the intercepting Member State, the conditions which, pursuant to its national law, justify the requested extension of the deadline.

(b)

Until a decision has been taken by the notified Member State pursuant to points (i) or (ii) of subparagraph a), the intercepting Member State:

(i)

may continue the interception; and

(ii)

may not use the material already intercepted, except:

—

if otherwise agreed between the Member States concerned; or

—

for taking urgent measures to prevent an immediate and serious threat to public security. The notified Member State shall be informed of any such use and the reasons justifying it.

(c)

The notified Member State may request a summary of the facts of the case and any further information necessary to enable it to decide whether interception would be authorised in a similar national case. Such a request does not affect the application of subparagraph (b), unless otherwise agreed between the notified Member State and the intercepting Member State.

(d)

The Member States shall take the necessary measures to ensure that a reply can be given within the 96-hour period. To this end they shall designate contact points, on duty twenty-four hours a day, and include them in their statements under Article 24(1)(e).

5.

6.

7.