S.L. 9.25 · European Investigation Order (S.L. 9.25)
S.L. 9.25 Art. 10Transmission of the EIO.
(1) The EIO completed in accordance with regulation
8 shall be transmitted from the issuing authority to the executing authority by any means capable of producing a written record under conditions allowing the executing State to establish authenticity.
(2) Any further official communication shall be made directly between the issuing authority and/or the Attorney General and/or the executing authorities in the executing State indicated in the EIO form itself.
(3) Without prejudice to regulation 6, the Attorney General shall be the authority competent to transmit and receive European Investigation Orders in terms of the Directive and these regulations.
(4) The Attorney General may transmit in terms of regulation 6 via the telecommunications system of the European Judicial Network (EJN), as set up by Council Joint Action 98/428/ JHA.
(5) If the identity of the executing authority is unknown, the issuing authority shall make all necessary inquiries, including via the EJN contact points, in order to obtain the information from the executing State.
(6) Where the authority in the executing State which receives the EIO has no competence to recognise the EIO or to take the necessary measures for its execution, it shall, transmit the ex officio, EIO to the executing authority and so inform the issuing authority.
(7) Any difficulties concerning the transmission or authenticity of any document needed for the execution of the EIO shall be dealt with by direct contacts between the issuing authority and the executing authority involved or, where appropriate, with the involvement of the central authorities of the Member States.
Änderungsgeschichte
- Amended by L.N. 451 of 2020