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1. The requested authority shall refuse the transfer of criminal proceedings, in whole or in part, where criminal proceedings under the national law of the requested State cannot be brought or pursued in relation to the facts underlying the request for the transfer of criminal proceedings if one or more of the following grounds apply:

(a) the conduct in connection with which the request was made does not constitute a criminal offence under the national law of the requested State;

(b) taking over criminal proceedings would be contrary to the principle of ne bis in idem;

(c) the suspect or accused person cannot be held criminally liable for the criminal offence due to that suspect or accused person’s age;

(d) the criminal prosecution is statute-barred in accordance with the national law of the requested State;

(e) the conditions for prosecuting the criminal offence in the requested State are not fulfilled;

(f) the criminal offence is covered by amnesty in accordance with the national law of the requested State;

(g) the requested State does not have jurisdiction over the criminal offence in accordance with national law or jurisdiction on the basis of Article 3.

2. The requested authority may refuse the transfer of criminal proceedings, in whole or in part, if one or more of the following grounds apply:

(a) privilege or immunity under the national law of the requested State makes it impossible to take action;

(b) the requested authority considers that the transfer of criminal proceedings is not in the interests of efficient and proper administration of justice;

(c) the criminal offence has not been committed either in whole or in part on the territory of the requested State, most of the effects or a substantial part of the damage forming part of the constituent elements of the criminal offence did not occur on the territory of that State, and the suspect or accused person is not a national of or a resident in that State;

(d) the request form as referred to in Article 8(1) is incomplete or manifestly incorrect and has not been completed or corrected following consultation referred to in paragraph 3 of this Article;

(e) the conduct in connection with which the request was made is not a criminal offence at the place where it was committed, and the requested State has no original jurisdiction under its national law to prosecute the criminal offence.

3. Where any of the grounds referred to in paragraphs 1 and 2 apply, before deciding to refuse the transfer of criminal proceedings, either in whole or in part, the requested authority shall, where appropriate, consult the requesting authority and, where necessary, request that the requesting authority provide any necessary information without undue delay.

4. Where the ground referred to in paragraph 2, point (a), applies, and where the power to waive the privilege or immunity lies with an authority of the requested State, the requested authority shall request that that authority exercise that power without undue delay. Where power to waive the privilege or immunity lies with an authority of another State or international organisation, the requesting authority shall request that that authority or international organisation exercise that power.