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 19 Interceptions of telecommunications on national territory by the use of service providers

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 19 Interceptions of telecommunications on national territory by the use of service providers

Geldend

Documentgegevens:

Geldend vanaf 23-08-2005

Bronpublicatie:: 29-05-2000, Trb. 2000, 96 (uitgifte: 01-09-2000, kamerstukken/regelingnummer: -)
Inwerkingtreding: 23-08-2005
Bronpublicatie inwerkingtreding:: 11-11-2005, Trb. 2005, 280 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Justitiële en politionele samenwerking

1.

Member States shall ensure that systems of telecommunications services operated via a gateway on their territory, which for the lawful interception of the communications of a subject present in another Member State are not directly accessible on the territory of the latter, may be made directly accessible for the lawful in exception by that Member State through the intermediary of a designated service provider present on its territory.

2.

In the case referred to in paragraph 1, the competent authorities of a Member State shall be entitled, for the purposes of a criminal investigation and in accordance with applicable national law and provided that the subject of the interception is present in that Member State, to carry out the interception through the intermediary of a designed service provider present on its territory without involving the Member State on whose territory the gateway is located.

3.

Paragraph 2 shall also apply where the interception is carried out upon a request made pursuant to Article 18(2)(b).

4.

Nothing in this Article shall prevent a Member State from making a request to the Member State on whose territory the gateway is located for the lawful interception of telecommunications in accordance with Article 18, in particular where there is no intermediary in the requesting Member State.