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EU: Council of the European Union: Initiative for a Directive regarding the European Investigation Order in criminal matters - Follow-up document of the meetings of the CATS on 18 May 2011
01 June 2011
EU: EUROPEAN INVESTIGATION ORDER (EIO): Council of the European Union:
Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the Republic of Austria, the Republic of Slovenia and the Kingdom of Sweden for a Directive regarding the European Investigation Order in criminal matters - Follow-up document of the meetings of the CATS on 18 May 2011 (EU do no: 10540-11, pdf)
Draft Article 3 says: "
The EIO shall cover any investigative measure" to which there is a Footnote:
"
All delegations, except UK which entered reservation on this issue, have also agreed that all forms of interception of telecommunications are covered by the Directive and specific provisions will be introduced in Chapter IV. UK questioned whether the inclusion of provisions related to undercover agents falls within the scope of this Directive." (emphasis added)
In a later version of the proposal which is being submitted to COREPER (the high-level committee of permanent member state representations based in Brussels):
EU doc no: 10749-11 (pdf) the UK reservation has disappeared and it now says:
"
The experts confirmed the objective of setting broad scope of the Directive, and, in particular to include all forms of interception of telecommunications and under covered agents." (emphasis added)
and on Scope: "
It has been noted that the EIO is designed for obtaining evidence in criminal proceedings, but it may also cover some administrative proceedings having a criminal dimension"
Tony Bunyan, Statewatch Director comments: "
In plain English the scope of the EIO will cover the gathering or exchanging of existing evidence on alleged crime or "administrative proceedings having a criminal dimension," including the use of search, seizure, covert and intrusive surveillance."
See: EU:
Welcome to the new world of the interception of telecommunications: under the new forms of interception Member States simply authorise themselves - Italian government EIO survey response: "
it is probably possible that the telecommunications are in a way "deviated" to the requesting state without listening in Italy," and - "
the legal framework with respect to transnational searches of such devices is not well-developed." (EU-G6 Interior Ministers)