Article 6 Conditions for issuing and transmitting an EIO
United Kingdom
The issuing authority may only issue an EIO where the following conditions have been met:
the issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in Article 4 taking into account the rights of the suspected or accused person; and
the investigative measure(s) indicated in the EIO could have been ordered under the same conditions in a similar domestic case.
The conditions referred to in paragraph 1 shall be assessed by the issuing authority in each case.
Where the executing authority has reason to believe that the conditions referred to in paragraph 1 have not been met, it may consult the issuing authority on the importance of executing the EIO. After that consultation the issuing authority may decide to withdraw the EIO.