Fiches Belges

Yes, this is considered a technical device during a cross-border surveillance.

EIO Directive.(Annex A). Otherwise where only observation is asked the Convention implementing the Schengen Agreement of 1990 (CISA) – EU Convention on mutual assistance and cooperation between customs administrations (Naples II) – Bilateral treaties.

Under the EIO Directive – the Circuit Prosecutor’s Office (Prokuratura Okręgowa) having the territorial jurisdiction. Under CISA and multi-/bilateral treaties usually Police, or other LEA depending on their domestic competence.

EIO – Polish, only exceptionally in urgent matters and if the basis for the cross-border observation is the EIO Directive, English. Otherwise – Polish or English.

According to the EIO Directive deadlines. Otherwise, despite the fact that the officer conducting the surveillance does not personally crosses the border to another Member State the deadline of 5 hours shall be applicable because of the technical device being on the territory of another State.

This type of measure falls under the definition of the cross-border observation and it is defined narrowly. Its definition matches the definition of a cross-border observation under the Art. 40 of the Convention implementing the Schengen Agreement of 1990 (CISA). Under this type of cooperation interception is not possible. Only a suspect or a suspected person may be the subject of such cross-border observation. Since the transposition of the EIO Directive this measure may be applied on the basis of the EIO under the condition that there is a prior agreement between the Polish Police/other LEA and the competent authority of the issuing Member State, which enables a Polish prosecutor to confirm such EIO issued by the Polish Police/other LEA, or to issue a decision on executing such EIO issued by the competent authority of another EU Member State. Otherwise, conditions determined in the Article 40 CISA, or in bilateral treaties shall be applied. As long as recording does not include interception it is permissible under the cross-border observation. Obtaining and recording the image or sound of persons from premises, means of transport or places other than public places is not a part of a cross-border observation, it is qualified as an interception and therefore provisions on interception are to be applied. This means that under the Polish law a prosecutor and a court are involved in the procedure.