94AM. For the purposes of this Part, section 78 shall apply subject to the following (and any other necessary):

modification, as if the following paragraph were substituted for paragraph (e) of subsection (1):

‘(e) in the case of an EPPO request for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána—

(i) a warrant or order issued by EPPO or by an appropriate authority in the relevant EPPO member state on the request of EPPO requiring a person to have identification evidence, other than fingerprints, palm prints or photographs, taken from him or her for the purposes of a criminal investigation, or criminal proceedings, in that member state, or

(ii) a statement issued by EPPO or by an appropriate authority in the relevant EPPO member state on the request of EPPO confirming that the requirements for the taking of a DNA sample from the person under the law of the relevant EPPO member state would be complied with if the person were in that state.’.

Application of section 79 for purposes of Part

94AN. For the purposes of this Part, section 79 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (10) to the requesting state shall be construed as a reference to the relevant EPPO member state.

Application of section 79A for purposes of Part

94AO. For the purposes of this Part, section 79A shall apply subject to the following (and any other necessary) modification, as if the following were substituted for paragraph (a) of subsection (1):

‘(a) is an EPPO request, and’.

Application of section 79C for purposes of Part

94AP. For the purposes of this Part, section 79C shall apply subject to the following and any other necessary modifications:

(a) a reference to a request made pursuant to Article 7 of 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway designated state shall be construed as a reference to an EPPO request,

(b) in subsection (2), as if paragraph (d) was deleted, and (c) as if subsection (8) was deleted.

CHAPTER 7

Modification of Part 6 for purposes of Part

Application of section 82 for purposes of Part

94AQ. For the purposes of this Part, section 82 shall apply subject to the following and any other necessary modifications—

(a) in subsection (1)(b), the reference to a prosecuting authority shall be construed as including a reference to EPPO,

(b) a reference to issuing authority shall be construed as a reference to EPPO,

(c) in subsections (8) and (9), the reference to that state shall be construed as a reference to the relevant EPPO member state,

(d) in subsection (10)(a), the reference to judicial authorities shall be construed as including EPPO, and

(e) in subsection (11)(b), the reference to law of the state where it was issued shall be construed as a reference to the law of the relevant EPPO member state.

Application of section 83 for purposes of Part

94AR. For the purposes of this Part, section 83 shall apply subject to the modification (and any other necessary modifications) that a reference in subsection (1) to—

(a) the appropriate authority in the designated state, and

(b) that authority, shall be construed as a reference to EPPO.

Application of section 88 for purposes of Part

94AS. For the purposes of this Part, section 88 shall apply subject to the following and any other necessary modifications—

(a) in the definition of ‘competent authority in a designated state’, the reference to a person or body in that state appearing to the Competent Authority in the State to have the function of receiving or making the request shall be construed as reference to EPPO, and

(b) in the definition of ‘controlled delivery’, as if ‘in accordance with the relevant international instrument’ was deleted.

CHAPTER 8

Modification of Part 8 for purposes of Part

Application of section 97 for purposes of Part

94AT. For the purposes of this Part, section 97 shall apply subject to the following and any other necessary modifications, the reference in subsection (1) to—

(a) the designated state concerned, and

(b) a representative of the authority concerned in that state, shall be construed as a reference to EPPO.

Application of section 99 for purposes of Part

94AU. For the purposes of this Part, section 99 shall apply subject to the modification (and any other necessary modifications) that the reference to in accordance with the relevant international instrument shall be construed as a reference to with the consent of EPPO.

Application of section 102 for purposes of Part

94AV. For the purposes of this Part, section 102 shall apply subject to the following and any other necessary modifications—

(a) in subsection (1)(a)(ii), the reference to made or issued by a court, tribunal or authority in a designated state shall be construed as including a reference to made or issued by EPPO,

(b) in subsection (4), the reference to certified by or on behalf of the court, tribunal or authority issuing it shall be construed as including a reference to certified by or on behalf of EPPO,

(c) in subsection (5)—

(i) in paragraph (a), the reference to given by or on behalf of a court, tribunal or authority in a designated state shall be construed as including a reference to given by or on behalf of EPPO,

(ii) as if paragraph (b) was deleted, and

(iii) the reference to such a certificate or seal shall be construed as a reference to such certificate, and

(d) as if subsection (6) was deleted.

Application of section 103 for purposes of Part

94AW. For the purposes of this Part, section 103 shall apply subject to the following and any other necessary modifications—

(a) the reference to a competent authority in that state shall be construed as a reference to EPPO, (b) in subsection (1)—

(i) as if ‘in accordance with the relevant international instrument’ was deleted, and

(ii) as if ‘within the meaning of that instrument’ was deleted, and

(c) in subsection (3), as if ‘having had regard to the provisions of the relevant international instrument’ was deleted.

Application of section 104 for purposes of Part

94AX. For the purposes of this Part, section 104 shall apply (subject to any other necessary modifications) as if ‘, and shall if so required by the relevant international instrument,’ in subsection (1) was deleted.”.

Amendment of section 109 of Act of 2008

51. Section 109 of the Act of 2008 is amended by the insertion of the following subsections after subsection (1A):

“(1B) Without prejudice to section 94K, the generality of subsection (1) and subject to the provisions of this Act concerning particular requests, regulations (in this Act referred to as the ‘Part 7B Regulations’) may be made by the Minister for the purposes of Part 7B and in particular such regulations may make provision for—

(a) the limitations, restrictions or conditions applicable to EPPO requests,

(b) the form of EPPO requests and the information such requests are to provide,

(c) the action that may be taken where the information provided is not sufficient to enable the request to be dealt with,

(d) without prejudice to section 3, the grounds for refusal of EPPO requests,

(e) the requirements relating to the protection, disclosure, use or transmission of information or evidence received under EPPO requests,

(f) the formalities and procedures in dealing with EPPO requests, and

(g) the transmission and mode of transmission of EPPO requests, including, transmission via the International Criminal Police Organisation (Interpol) in urgent cases, and

(1C) Regulations under subsection (1B) may be made by the Minister for the purposes of requests by the State to EPPO and paragraphs (a) to (g) of subsection (1B) shall apply mutatis mutandisto such requests.”.

Amendment of

52.The is amended— (a) in section 1—

(i) in subsection (1), by the insertion of the following definition:

“ ‘EPPO’ means the European Public Prosecutor’s Office established under Article 3 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the

European Public Prosecutor’s Office, as amended by Commission Delegated Regulation (EU) 2020/2153 of 14 October 2020;”, and

(ii) by the insertion of the following subsection after subsection (1):

“(1A) This Act shall apply and has effect, subject to the following and any other necessary modifications—

(a) as if a reference to a competent authority included a reference to EPPO, and

(b) as if a reference to another Member State or other such States included a reference to a relevant EPPO member state (within the meaning of the Criminal Justice (Mutual Assistance) Act 2008).”,

and

(b) in section 9(1)—

(i) in paragraph (c), by the substitution of “European Communities,” for “European Communities, or”,

(ii) in paragraph (d), by the substitution of “Act 2008, or” for “Act 2008,”, and (iii) by the insertion of the following paragraph after paragraph (d):

“(e) one or more officers designated by EPPO.”.”.