Where, before transmitting the conviction or probation decision and the certificate, the competent authority of the sentencing State consults the Public Prosecutor in cases where, pursuant to 2° of article 764-5, recognition of the conviction or decision is subject to the consent of the executing State, the Public Prosecutor consents to the transmission of the conviction or probation decision if the person concerned is of French nationality. In all other cases, he shall immediately refer the matter to the Minister of Justice. The Minister may consent to the transfer of the sentence or decision if the person concerned has the nationality of a Member State of the European Union other than France and if there are exceptional grounds justifying the enforcement of the decision in France. In particular, it takes into account the interest of its decision for the proper administration of justice, the existence of personal and family ties in France and the absence of any risk of disturbing public order.
The public prosecutor will inform the competent authority in the convicting State of the decision whether or not to consent to the transmission of the application for recognition of the conviction or the probation decision.