Fiches Belges

Yes. Observation during which an illegal transport of goods or persons is carried out with the knowledge and under permanent watch of the police. The police agents themselves do not transport nor deliver or hand over anything themselves. The police intervention is differed until the final destination. Scope under MLA instruments : extraditable offences. No alternative measures.

Art. 28 Directive 2014/41/EU (implemented by the Law of 1st August 2018) - - Convention of 29th May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (art. 12), and its Protocol of 16th october 2001, approved by statute of 27th October 2010 - United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on 20th December 1988 (art. 11), approved by statute of 17th March 1992, as amended.

Depending on the stage in the proceedings: the general prosecutor, the prosecutor or the investigating magistrate.

EIO written or translated into French, German or English.

As a general rule, decision on the recognition or execution of the EIO within 30 days of receipts.

Under the EIO Directive : Besides the grounds of non-recognition/execution provided under art. 11 Directive 2014/41/EU, recognition and execution might be refused where the measure would be contrary to the fundamental principles of Luxemburg Law or if the execution of the investigative measure concerned would not be authorised in a similar domestic case. Under MLA instruments: See Cross-border surveillance (A.70).