Annexes to JAI(2010)3 - European Investigation Order in criminal matters

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This page contains a limited version of this dossier in the EU Monitor.

dossier JAI(2010)3 - European Investigation Order in criminal matters.
document JAI(2010)3
date April  3, 2014
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19).

(5) Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).

(6) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1).

(7) Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294, 6.11.2013, p. 1).

(8) Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2).

(9) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

(10) Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

(11) OJ C 369, 17.12.2011, p. 14.

(12) OJ C 355, 29.12.2010, p. 1.

(13) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(14) Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3).

(15) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1).

(16) Joint Action 98/428/JHA of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on the creation of a European Judicial Network (OJ L 191, 7.7.1998, p. 4).

(17) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).

(18) Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130).


ANNEX A

EUROPEAN INVESTIGATION ORDER (EIO)

This EIO has been issued by a competent authority. The issuing authority certifies that the issuing of this EIO is necessary and proportionate for the purpose of the proceedings specified within it taking into account the rights of the suspected or accused person and that the investigative measures requested could have been ordered under the same conditions in a similar domestic case. I request that the investigative measure or measures specified below be carried out taking due account of the confidentiality of the investigation and that the evidence obtained as a result of the execution of the EIO be transferred.

















ANNEX B

CONFIRMATION OF THE RECEIPT OF AN EIO

This form has to be completed by the authority of the executing State which received the EIO referred to below.






ANNEX C

NOTIFICATION

This form is used in order to notify a Member State about the interception of telecommunication that will be, is or has been carried out on its territory without its technical assistance. I hereby inform … (notified Member State) of the interception.






ANNEX D

THE CATEGORIES OF OFFENCES REFERRED TO IN ARTICLE 11

—participation in a criminal organisation,

—terrorism,

—trafficking in human beings,

—sexual exploitation of children and child pornography,

—illicit trafficking in narcotic drugs and psychotropic substances,

—illicit trafficking in weapons, munitions and explosives,

—corruption,

—fraud, including that affecting the financial interests of the European Union within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests,

—laundering of the proceeds of crime,

—counterfeiting currency, including of the euro,

—computer-related crime,

—environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,

—facilitation of unauthorised entry and residence,

—murder, grievous bodily injury,

—illicit trade in human organs and tissue,

—kidnapping, illegal restraint and hostage-taking,

—racism and xenophobia,

—organised or armed robbery,

—illicit trafficking in cultural goods, including antiques and works of art,

—swindling,

—racketeering and extortion,

—counterfeiting and piracy of products,

—forgery of administrative documents and trafficking therein,

—forgery of means of payment,

—illicit trafficking in hormonal substances and other growth promoters,

—illicit trafficking in nuclear or radioactive materials,

—trafficking in stolen vehicles,

—rape,

—arson,

—crimes within the jurisdiction of the International Criminal Court,

—unlawful seizure of aircraft/ships,

—sabotage.