Subsection 2: Provisions relating to the issuing of a European Investigation Order by the French judicial authorities

When issuing a European Investigation Order for the seizure of evidence, the magistrate shall specify in the order: either 1° that the evidence is to be transferred to him; or 2° or that it must be preserved in the executing State in order to prevent its destruction, transformation, removal or disposal until a date to be determined by the executing State, without prejudice to the possibility of requesting the transfer…

For the application of articles 694-25 and 694-26, where a European investigation decision requires a person detained on national territory to be temporarily transferred to the territory of the executing State or vice versa, or to transit through the territory of a third State, the Director of Prison Administration of the Ministry of Justice, acting on a referral from the national judicial authority, formalises the request for transfer or transit,…

For the application of articles 694-25 and 694-26, the practical arrangements for the temporary transfer or transit of a person, including, where appropriate, details of the conditions of detention in the issuing or executing State, and the time limits by which he or she is to be transferred from and returned to the territory of the executing State shall be determined by mutual agreement between the issuing State and the…

For the application of Article 694-28, where more than one Member State is able to provide the full necessary technical assistance for the same interception of telecommunications, the European Investigation Order shall be addressed by priority to the Member State on whose territory the target of the interception is or will be located. The magistrate who has issued a European Investigation Order for the interception of telecommunications shall determine, by…

If the European Investigation Order calls for a hearing to be conducted using telecommunication means, but the executing Member State does not have the technical means to do so, the magistrate who issued the order may, by mutual agreement with the executing authority, make technical means available to the latter.