Paragraph 3: Special provisions for certain investigative measures

Where the European investigation decision relates to an infringement of taxes or duties, customs and exchange, its recognition may not be refused on the grounds that French law does not impose the same type of tax or duty or provides for different provisions relating to taxes, duties, customs or exchange.

The provisions of article 694-26 are applicable to the transfer of a person detained in the issuing State for the purposes of executing an investigation decision issued by a Member State and requiring his presence on national territory.

Where the issuing State requests, under a European Investigation Order, the temporary transfer of a person detained in France, the judge hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request if the person concerned opposes it or if his transfer is likely to prolong the duration of his detention. If the request concerns a minor or an adult benefiting from a protective…

Where an investigative decision is requested to provisionally prevent the destruction, transformation, moving, transfer or disposal of items likely to be used as evidence, the magistrate shall give his decision as soon as possible and, if possible, within twenty-four hours of receiving it. Where the issuing authority requests, in the decision, that the items seized pursuant to the first paragraph be transferred to the issuing State, the provisions of Article…

Where the issuing State requests, under a European Investigation Order, the implementation of an undercover measure on national territory, the terms and conditions of the measure relating to the duration of the undercover measure, its precise terms and conditions or the legal status of the undercover agents shall be determined by mutual agreement between the magistrate to whom the matter is referred and the competent authority of the issuing State….

Where the issuing State requests, under a European Investigation Order, the hearing of a person by means of audiovisual communication in accordance with the procedures laid down in Article 706-71, the judge hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request if it concerns the hearing of a suspected or accused person and if that person objects. In the case of the…

Where the issuing State requests, under a European Investigation Order, the execution of an investigative measure that requires evidence to be obtained in real time, on a continuous basis and over a specified period, the practical arrangements for the measure shall be determined by mutual agreement between the magistrate to whom the request is made and the competent authority of the issuing State. The provisions of the first subparagraph shall…