S.L. 9.25 ст. 9Conditions for issuing and transmitting the EIO.

(1) The issuing authority may only issue an EIO when it is satisfied that the following conditions have been met:

(a) the issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in regulation 7 taking into account the rights of the suspected or accused person; and

(b) the investigative measure indicated in the EIO could have been ordered under the same conditions in a similar domestic case.

(2) The conditions referred to in sub-regulation (1) shall be assessed by the issuing authority in each case.

(3) Where the executing authority has reason to believe that the conditions referred to in sub-regulation (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.