Book IV: Some special procedures

When information held by the services and units mentioned in Article 695-9-31 have been transmitted to them by a Member State on the basis of the provisions of Framework Decision 2006/960/JHA, they may only be transmitted to another Member State with the agreement of the State which had transmitted them and under the conditions set by it. Where the information held by these same services or units had been transmitted…

Information may only be transmitted to the competent services of the Member State that requested it with the prior authorisation of a magistrate whenever such authorisation is required in France to access the same information or to transmit it to a criminal investigation department or unit. Where such authorisation is required, the department or unit from which the information is requested shall request it from the competent magistrate. Documents from…

The departments and units referred to in Article 695-9-31 may refuse to provide the information requested by a Member State only if there are grounds for supposing that providing it : 1° Would undermine the fundamental national security interests of the State; 2° Would prejudice the conduct of criminal investigations or jeopardise the safety of individuals; 3° Or would be manifestly disproportionate or pointless in relation to the purposes for…

The departments and units referred to in Article 695-9-31 may refuse to transmit the information requested where it relates to an offence punishable in France by a term of imprisonment of up to one year and where it does not appear to them to be of sufficient interest to justify the constraints attached to its transmission.

When the information is transmitted, the department or unit referred to in Article 695-9-31 shall inform the receiving department of the conditions under which it will be used. Whenever it considers it useful, it may ask the recipient department to inform it of the use that has been made of the information transmitted.

When information has been transmitted by a service or unit referred to in Article 695-9-31 to the competent service of a Member State and the latter intends to communicate it to another State or to use it for a purpose other than that for which it was transmitted, the department or unit which carried out the initial transmission shall be competent to assess whether, at the request of the receiving…

Information transmitted by the departments and units referred to in article 695-9-31 may be used by the receiving department as evidence, unless otherwise stated at the time of transmission.

The information transmitted by the departments or units mentioned in Article 695-9-31 to the competent services of a Member State shall also be transmitted to the Eurojust Agency and the Europol unit insofar as it relates to an offence falling within their mandate.

An order of the Minister for Justice, the Minister for the Interior and the Minister for the Budget shall designate the contact points to which requests for the transmission of information may be addressed by the competent departments of the Member States.

The persons mentioned in the article L. 135 ZC du livre des procédures fiscales shall respond via the Europol national unit mentioned in paragraph 2 of Article 7 of Regulation 2016/794 of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) to duly justified requests for bank account information submitted on a case-by-case basis by Europol within the limits of its responsibilities and for the performance…