FantasticSearch

Grounds for refusal of European Production Orders

1. Where the issuing authority has notified the enforcing authority pursuant to Article 8, and without prejudice to Article 1(3), the enforcing authority shall, as soon as possible but at the latest within 10 days following receipt of the notification, or, in emergency cases, at the latest within 96 hours following such receipt, assess the information set out in the order and, where appropriate, raise one or more of the following grounds for refusal:

(a) the data requested are protected by immunities or privileges granted under the law of the enforcing State which prevent the execution or enforcement of the order, or the data requested are covered by rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, which prevent the execution or enforcement of the order;

(b) in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and in the Charter;

(c) the execution of the order would be contrary to the principle of ne bis in idem;

(d) the conduct for which the order has been issued does not constitute an offence under the law of the enforcing State, unless it concerns an offence listed within the categories of offences set out in Annex IV, as indicated by the issuing authority in the EPOC, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years.

2. Where the enforcing authority raises a ground for refusal pursuant to paragraph 1, it shall inform the addressee and the issuing authority. The addressee shall stop the execution of the European Production Order and not transfer the data, and the issuing authority shall withdraw the order.

3. Before deciding to raise a ground for refusal, the enforcing authority notified pursuant to Article 8 shall contact the issuing authority by any appropriate means, in order to discuss the appropriate measures to take. On that basis, the issuing authority may decide to adapt or to withdraw the European Production Order. Where, following such discussions, no solution is reached, the enforcing authority notified pursuant to Article 8 may decide to raise grounds for refusal of the European Production Order and inform the issuing authority and the addressee accordingly.

4. Where the enforcing authority decides to raise grounds for refusal pursuant to paragraph 1, it may indicate whether it objects to the transfer of all data requested in the European Production Order or whether the data may only be partly transferred or used under conditions specified by the enforcing authority.

5. Where the power to waive the immunity or privilege as set out in paragraph 1, point (a), of this Article, lies with an authority of the enforcing State, the issuing authority may request the enforcing authority notified pursuant to Article 8 to contact that authority of the enforcing State to request it to exercise that power without delay. Where the power to waive the immunity or privilege lies with an authority of another Member State or a third country or with an international organisation, the issuing authority may request the authority concerned to exercise that power.