Fiches Belges

Yes. Observation made as a part of a criminal investigation into an extraditable criminal offence, starting on the national territory and continuing on the territory of another State, concerning a person suspected of involvement in an extraditable offence, or, as a necessary part of a criminal investigation, because there is serious reason to believe that he can assist in identifying or tracing such a person. Scope: extraditable offences. No alternative measures.

Statutory basis: - Convention implementing the Schengen Agreement of 14th June 1985 on the gradual abolition of checks at common borders (art. 40), as approved by statute of 3rd July 1992, and its Protocol of 24 June 1997, approved by statute of 8 April 1999, and amended and completed by Council Decision 2003/725/JHA of 2nd October 2003; - Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg concerning cross-border police intervention (art. 19), approved by statute of 21st December 2004; - Convention drawn up, on the basis of Article K3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations, done at Brussels on 18th December 1977 (art. 21), approved by statute of 6th July 2001.

The authority designated by Schengen Application Convention is the general prosecutor. In practice, decision-making powers have been delegated to the prosecutors.

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Authorisation of the Luxembourg authorities required to cross the Luxembourg borders. Contents: - an indication of the authority making the request; - a summary of the facts; - confirmation that a lawful observation order or warrant has been issued in connection with a criminal investigation; - information for the purpose of identifying the target of the observation ; - an indication of the criminal conduct under investigation; - the duration and period of the observation; - the indication of any technical means that are used, e.g. a GPS tracking device; - the contact data of an agent in charge of the request. Duration limited to one month by law; prolongation possible on a monthly basis as long as necessary. Written report on the course of the observation. Measure to be executed in accordance with the provisions of article 40, paragraph 3. of the Convention implementing the Schengen Agreement of 14th June 1985. Execution of the measure in conformity with the procedure applicable in the requesting State : possible as a matter of principle; to be assessed on a case by case basis. Relevant formalities to be expressly indicated