ANNEX A

INFORMATION EXCHANGE UNDER COUNCIL FRAMEWORK DECISION 2006/960/JHA FORM TO BE USED BY THE REQUESTED MEMBER STATE IN CASE OF TRANSMISSION/DELAY/REFUSAL OF INFORMATION

This form shall be used to transmit the requested information and/or intelligence, to inform the requesting authority of the impossibility of meeting the normal deadline, of the necessity of submitting the request to a judicial authority for an authorisation, or of the refusal to transmit the information.

This form may be used more than once during the procedure (e.g. if the request has first to be submitted to a judicial authority and it later transpires that the execution of the request has to be refused).

3. Accuracy of the information or intelligence  Certain  Established by the source  Hearsay-confirmed  Hearsay- not confirmed

2. Reliability of the source  Reliable  Mostly reliable  Not reliable  Cannot be assessed

1. Use of transmitted information or intelligence  may be used solely for the purposes for which it has been supplied or for preventing an immediate and serious threat to public security;  is authorised also for other purposes, subject to the following conditions (optional):

The offence falls under Article 2(2) of Framework Decision 2002/584/JHA and the requested information or intelligence is held in a database directly accessible by a law enforcement authority in the requested Member State Urgency requested  8 hours

4. The result of the criminal investigation or criminal intelligence operation within which the exchange of information has taken place has to be reported to the transmitting authority  No  Yes

5. In case of spontaneous exchange, reasons for believing that the information or intelligence could assist in the detection, prevention or investigation of offences referred to in Article 2(2) of Framework Decision 2002/584/JHA:

DELAY – It is not possible to respond within the applicable time limit under Article 4 of Framework Decision 2006/960/JHA

The information or intelligence cannot be provided within the given time-limit for the following reasons: It is likely to be given within:  1 day  2 days  3 days  … weeks  1 month

 The authorisation of a judicial authority has been requested. The procedure leading up to the granting/refusal of the authorisation is expected to last … weeks

REFUSAL — The information or intelligence:  could not be provided and requested at national level; or  cannot be provided, for one or more of the following reasons:

A — Reason related to judicial control which prevents the transmission or requires the use of mutual legal assistance

 the competent judicial authority has not authorised the access and exchange of the information or intelligence

 the requested information or intelligence has previously been obtained by means of coercive measures and its provision is not permitted under the national law

 the information or intelligence is not held by law enforcement authorities; or by public authorities or by private entities in a way which makes it available to law enforcement authorities without the taking of coercive measures

 B — The provision of the requested information or intelligence would harm essential national security interests or would jeopardise the success of a current investigation or a criminal intelligence operation or the safety of individuals or would clearly be disproportionate or irrelevant with regard to the purposes for which it has been requested.

If case A or B is used, provide, if deemed necessary, additional information or reasons for refusal (optional):

 D — The requested authority decides to refuse execution because the request pertains, under the law of the requested Member State, to the following offence (nature of the offence and its legal qualification to be specified) … which is punishable by one year or less of imprisonment

 E — The requested information or intelligence is not available

 F — The requested information or intelligence has been obtained from another Member State or from a third country and is subject to the rule of speciality and that Member State or third country has not given its consent to the transmission of the information or intelligence.