FantasticSearch

1. A European Production Order to obtain subscriber data or to obtain data requested for the sole purpose of identifying the user, as defined in Article 3, point (10), may be issued only by:

(a) a judge, a court, an investigating judge or a public prosecutor competent in the case concerned; or (b) any other competent authority as defined by the issuing State which, in the case concerned, is acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law; in such a case, the European Production Order shall be validated, after examination of its conformity with the conditions for issuing a European Production Order under this Regulation, by a judge, a court, an investigating judge or a public prosecutor in the issuing State.

2. A European Production Order to obtain traffic data, except for data requested for the sole purpose of identifying the user as defined in Article 3, point (10), or to obtain content data may be issued only by:

(a) a judge, a court or an investigating judge competent in the case concerned; or (b) any other competent authority as defined by the issuing State which, in the case concerned, is acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law; in such a case, the European Production Order shall be validated, after examination of its conformity with the conditions for issuing a European Production Order under this Regulation, by a judge, a court or an investigating judge in the issuing State.

3. A European Preservation Order for data of any category may be issued only by:

(a) a judge, a court, an investigating judge or a public prosecutor competent in the case concerned; or (b) any other competent authority as defined by the issuing State which, in the case concerned, is acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law; in such a case, the European Preservation Order shall be validated, after examination of its conformity with the conditions for issuing a European Preservation Order under this Regulation, by a judge, a court, an investigating judge or a public prosecutor in the issuing State.

4. Where a European Production Order or a European Preservation Order has been validated by a judicial authority pursuant to paragraph 1, point (b), paragraph 2, point (b), or paragraph 3, point (b), that authority may also be regarded as an issuing authority for the purposes of transmission of the EPOC and the EPOC-PR.

5. In a validly established emergency case, as defined in Article 3, point (18), the competent authorities referred to in paragraph 1, point (b), and in paragraph 3, point (b), of this Article may exceptionally issue a European Production Order for subscriber data or for data requested for the sole purpose of identifying the user as defined in Article 3, point (10), or a European Preservation Order, without prior validation of the order concerned, where validation cannot be obtained in time and where those authorities could issue an order in a similar domestic case without prior validation. The issuing authority shall seek ex post validation of the order concerned without undue delay, at the latest within 48 hours. Where such ex post validation of the order concerned is not granted, the issuing authority shall withdraw the order immediately and shall delete or otherwise restrict the use of any data that were obtained.

6. Each Member State may designate one or more central authorities to be responsible for the administrative transmission of EPOCs and EPOC-PRs, of European Production Orders and European Preservation Orders and of notifications, and for the receipt of data and notifications as well as for the transmission of other official correspondence relating to such certificates or orders.