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‘A decree adopted in the Conseil d’État (Council of State, France) following consultation of the
Commission nationale de contrôle des techniques de renseignement (Commission for the Oversight
of Intelligence Techniques, France) shall designate the services, other than the specialised
intelligence services, within the purview of the Ministers for Defence, the Interior and Justice and
the ministers responsible for economic affairs, the budget and customs, which may be authorised to
use the techniques referred to in Title V of the present Book under the conditions laid down in this
Book. It shall specify, for each service, the purposes mentioned in Article L. 811‑3 and the
techniques which may be authorised.’
34
The first paragraph of Article L. 821‑1 of the CSI is worded as follows:
‘The implementation on national territory of the intelligence gathering techniques referred to in
Chapters I to IV of Title V of this Book shall be subject to prior authorisation from the Prime
Minister following consultation of the Commission for the Oversight of Intelligence Techniques.’
35
Article L. 821‑2 of the CSI provides:
‘The authorisation mentioned in Article L. 821‑1 shall be issued upon a written and reasoned
application from the Minister for Defence, the Minister for the Interior, the Minister for Justice or
the ministers responsible for economic affairs, the budget or customs. Each minister may delegate
that power individually only to immediate staff with clearance to handle confidential material
relating to national defence.
The application shall state:
1.
the technique(s) to be implemented;
2.
the service for which it is submitted;
3.
the purpose(s) pursued;
4.
the reason(s) for the measures;
5.
the period of validity of the authorisation;
6.
the person(s), place(s) or vehicle(s) concerned.
In respect of point 6, persons whose identity is not known may be designated by their identifiers or
status and places or vehicles may be designated by reference to the persons who are the subject of
the application.
…’
36
Under the first paragraph of Article L. 821‑3 of the CSI:
‘The application shall be sent to the President or, failing that, to one of the members of the
Commission for the Oversight of Intelligence Techniques mentioned in points 2 and 3 of
Article L. 831‑1, who shall provide the Prime Minister with an opinion within 24 hours. If the
application is examined by the select panel or the full panel of the Commission, the Prime Minister
shall be informed forthwith and the opinion shall be issued within 72 hours.’
37
Article L. 821‑4 of the CSI provides:
‘Authorisation to implement the techniques referred to in Chapters I to IV of Title V of this Book
shall be issued by the Prime Minister for a maximum period of four months. … The authorisation
shall contain the grounds and statements set out in points 1 to 6 of Article L. 821‑2. All
authorisations shall be renewable under the same conditions as those laid down in this Chapter.
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