Updated 15/01/2025
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Version from: 14/07/2024
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Article 10 - Requests for assistance in interviews with persons situated in another Member State

Article 10

Requests for assistance in interviews with persons situated in another Member State

1.  
Where the requesting authority considers it necessary to conduct interviews with persons situated in the territory of another Member State, it shall submit a written request to the competent authorities of that other Member State.
2.  

The request shall contain the following:

(a) 

the reasons for the request, including the legal provisions applicable in the jurisdiction of the requesting authority on which the request is based;

(b) 

the scope of the interviews;

(c) 

the actions already undertaken by the requesting authority;

(d) 

any actions to be taken by the requested authority;

(e) 

the proposed methodology to be used in the interviews and the requesting authority’s reasons for choosing it.

3.  
The request shall be submitted sufficiently in advance of the interviews.
4.  
Where a request for assistance for conducting interviews with persons situated in the territory of another Member State is urgent, it may be transmitted by e-mail and subsequently confirmed in writing.
5.  
The requested authority shall acknowledge receipt of the request without undue delay.
6.  
The requesting authority shall make available any information that has been requested by the requested authority in order to enable the requested authority to provide the necessary assistance.
7.  
The requested authority shall transmit without undue delay any information and documents that are available to it as are relevant or useful to the requesting authority, in light of the reasons for and scope of the interviews.
8.  
The requested authority and the requesting authority shall reassess the need for conducting interviews in light of the documents and information transmitted pursuant to paragraph 6 or 7.
9.  
The requested authority shall decide whether it conducts the interviews itself or whether it allows the requesting authority to conduct the interviews.
10.  
The requested authority and the requesting authority shall agree on issues related to the allocations of costs for conducting the interviews.
11.  
The requesting authority may take part in the interviews requested in accordance with paragraph 1. Before and during the interviews, the requesting authority may submit questions to be asked.