When an interception of correspondence emitted by electronic communications concerns a communication address that is used on the territory of a Member State of the European Union, and when it is not carried out within the framework of a European investigation decision, the examining magistrate or the judicial police officer assigned by him shall notify this interception to the competent authority of this State if the person targeted by this interception is on its territory.
This notification is made either before the interception when it is clear from the information in the case file at the time the interception is ordered that the person concerned is or will be on the territory of that State, or during the interception or after it has been carried out, as soon as it is established that the person is or has been on the territory of that State at the time of the interception.
At the request of the competent authority of the Member State made within ninety-six hours of receipt of the notification and justified by the fact that such an interception could not be authorised, under a similar national procedure, pursuant to the law of that State, either the interception may not be carried out or must be discontinued, or the data intercepted while the person was on its territory may not be used and must be removed from the record of the proceedings or may be used only under the conditions and on the grounds specified by that authority.
Failure to give the notification provided for in the first and second subparagraphs shall constitute grounds for invalidity of the proceedings only if it is established that such interception could not have been authorised, in the context of similar national proceedings, under the law of the Member State in whose territory the person was found.