By way of derogation from Article 11, for investigation or prosecution proceedings initiated on the basis of one or more offences falling within the scope of the article 628, the counter-terrorism public prosecutor may communicate to the specialised intelligence services mentioned in the article L. 811-2 of the Internal Security Code, on its own initiative or at the request of these services, of elements of any kind contained in these procedures and necessary for the performance of the missions of these services under the defence and promotion of the fundamental interests of the Nation mentioned in 1°, 2°, 4°, 6° and 7° of the article L. 811-3 of the same code. If the procedure is the subject of an information, this communication may only take place with the favourable opinion of the investigating judge.
The investigating judge may also carry out this communication, under the same conditions and for the same purposes as those mentioned in the first paragraph of this article, for information proceedings referred to him, after obtaining the opinion of the anti-terrorist public prosecutor.
Information communicated pursuant to this article may not be exchanged with foreign intelligence services or with international bodies competent in the field of intelligence.
Unless the information relates to a conviction handed down in public, the persons to whom it is disclosed are bound by professional secrecy, under the conditions and subject to the penalties laid down in Articles 226-13 et 226-14 du code pénal.