(1) If the investigating judge of the competent national court orders monitoring of
telecommunications, and the number or another form of identification of the electronic means
of communication which is being monitored according to the order is being used in the territory of
another Member State from which no technical assistance is needed to carry out the monitoring,
the authority carrying out the monitoring shall deliver a notification to the competent authority of
that Member State:
Prior to monitoring or at the time of ordering, if it knows that the person whose
telecommunications are being monitored is or will be in the territory of the notified Member State;
during monitoring or after, immediately upon becoming aware that the person whose
telecommunications are being monitored is or has been in the territory of the notified Member State.
(2) The form set out in Annex 3b of this Act shall be used for the notification referred to in
the preceding paragraph.
(3) If the person whose telecommunications are being monitored is in the territory of the Republic
of Slovenia, but the Republic of Slovenia is not providing technical assistance for carrying out the
investigative measure, the District Court of Ljubljana shall have jurisdiction to receive the
notifications referred in the preceding paragraphs. The competent court shall, after receipt of a
preliminary opinion of the state prosecutor, notify, without delay and at the latest within 96 hours
of receipt of the notification, the competent authority of the Member State which is monitoring
telecommunications:
that the monitoring is not allowed and it should be terminated as it would not be allowed in a
similar domestic case, and
where necessary, that any material already acquired by way of monitoring while the person
whose telecommunications were being monitored was in the territory of the Republic of Slovenia,
may not be used, or may only be used under conditions set by the court.