Annex IEUROPEAN PRODUCTION ORDER CERTIFICATE (EPOC) FOR THE PRODUCTION OF ELECTRONIC EVIDENCE

Under Regulation (EU) 2023/1543 of the European Parliament and of the Council ⁽¹⁾ the addressee of this European Production Order Certificate (EPOC) must execute this EPOC and must transmit the requested data in accordance with the deadline(s) specified in Section C of this EPOC to the competent authority indicated under point (a) of Section L of this EPOC.

In all cases, the addressee must, upon receipt of the EPOC, act expeditiously to preserve the data requested, unless the information in the EPOC does not allow it to identify those data. The data must continue to be preserved until the data are produced or until the issuing authority or, where applicable, the enforcing authority, indicates that it is no longer necessary to preserve and produce the data.

The addressee must take the necessary measures to ensure the confidentiality, secrecy and integrity of the EPOC and of the data produced or preserved.

SECTION A: Issuing/validating authority

Issuing State:…

Issuing authority:…

Validating authority (where applicable):…

NB: details of issuing and validating authority to be provided at the end (Sections I and J)…

File number of the issuing authority:…

File number of the validating authority:…

SECTION B: Addressee

Addressee:…

• ☐
  Designated establishment
• ☐
  Legal representative
• ☐
  This order is issued in an emergency case to the specified addressee because the designated establishment or the legal representative of a service provider did not react to the EPOC within the deadlines set out in Article 10 of Regulation (EU) 2023/1543

Address:…

Tel. No/Fax No/email (if known):…

Contact person (if known):…

File number of the addressee (if known):…

Service provider concerned (if different from addressee):…

Any other relevant information:…

SECTION C: Deadlines (tick the appropriate box and complete, if necessary)

Upon receipt of the EPOC, the data requested must be produced:

• ☐
  as soon as possible and at the latest within 10 days (no notification to the enforcing authority)
• ☐
  in the case of notification to the enforcing authority: at the end of the 10 days, where the enforcing authority has not raised a ground for refusal within that time period, or upon confirmation by the enforcing authority before the end of the 10 days that it will not raise a ground for refusal, as soon as possible and at the latest at the end of the 10 days
• ☐
  without undue delay and at the latest within eight hours in an emergency case involving:

  • ☐
    an imminent threat to the life, physical integrity or safety of a person
  • ☐
    an imminent threat to a critical infrastructure as defined in Article 2, point (a), of Council Directive 2008/114/EC ⁽³⁾, where the disruption or destruction of such critical infrastructure would result in an imminent threat to the life, physical integrity or safety of a person, including through serious harm to the provision of basic supplies to the population or to the exercise of the core functions of the State.

Please indicate whether there are any procedural or other deadlines which should be taken into account for the execution of this EPOC:…

Please provide additional information where relevant:…

SECTION D: Relation to a previous production/preservation request (tick and complete if applicable and available)

☐ The requested data were totally/partially preserved in accordance with an earlier request for preservation

issued by … (indicate the authority and the file number)

on … (indicate the date of issuance of the request)

and transmitted on … (indicate the date of transmission of the request)

to … (indicate the service provider/ legal representative/ designated establishment/competent authority to which the request was transmitted and, if available, the file number given by the addressee).

☐ The requested data are related to an earlier request for production

issued by … (indicate the authority and the file number)

on … (indicate the date of issuance of the request)

and transmitted on … (indicate the date of transmission of the request)

to … (indicate the service provider/ legal representative/ designated establishment/competent authority to which it was transmitted and, if available, the file number given by the addressee).

Any other relevant information:…

SECTION E: Information to support identification of the requested data (complete to the extent this information is known and necessary to identify the data)

IP address(es) and timestamps (incl. date and time zone):…

Tel No:…

Email address(es):…

IMEI number(s):…

MAC address(es):…

The user(s) or other unique identifier(s) such as user name(s), login ID(s) or account name(s):…

Name(s) of the relevant service(s):…

Other:…

If applicable, the time range of the data for which production is requested:

……

☐ Additional information if needed:…

SECTION F: Electronic evidence to be produced

This EPOC concerns (tick the relevant box(es)):

• (a)
  • ☐
    subscriber data:
  • ☐
    name, date of birth, postal or geographic address, contact information (email address, phone number) and other relevant information pertaining to the identity of the user/subscription holder
  • ☐
    date and time of initial registration, type of registration, copy of a contract, means of verification of identity at the moment of registration, copies of documents provided by the subscriber
  • ☐
    type of service and its duration, including identifier(s) used by or provided to the subscriber at the moment of initial registration or activation (e.g. phone number, SIM-card number, MAC address) and associated device(s)
  • ☐
    profile information (e.g. user name, screen name, profile photo)
  • ☐
    data on the validation of the use of service, such as an alternative email address provided by the user/subscription holder
  • ☐
    debit or credit card information (provided by the user for billing purposes), including other means of payment
  • ☐
    PUK-codes
  • ☐
    other:…
• (b)
  ☐ data requested for the sole purpose of identifying the user as defined in Article 3, point (10), of Regulation (EU) 2023/1543:

  • ☐
    IP connection records such as IP addresses / logs / access numbers together with other technical identifiers, such as source ports and time stamps or equivalent, the user ID and the interface used in the context of the use of the service, please specify, if necessary:…
  • ☐
    time range of the data for which production is requested (if different from Section E):…
  • ☐
    other:…
• (c)
  ☐ traffic data:

  • (i)
    for (mobile) telephony:

    • ☐
      outgoing (A) and incoming (B) identifiers (phone number, IMSI, IMEI)
    • ☐
      time and duration of connection(s)
    • ☐
      call attempt(s)
    • ☐
      base station ID, including geographical information (X/Y coordinates), at the time of initiation and termination of the connection
    • ☐
      bearer / teleservice used (e.g. UMTS, GPRS)
    • ☐
      other:…
  • (ii)
    for internet:

    • ☐
      routing information (source IP address, destination IP address(es), port number(s), browser, email header information, message-ID)
    • ☐
      base station ID, including geographical information (X/Y coordinates), at the time of initiation and termination of the connection(s)
    • ☐
      volume of data
    • ☐
      date and time of connection(s)
    • ☐
      duration of connection or access session(s)
    • ☐
      other:…
  • (iii)
    for hosting:

    • ☐
      logfiles
    • ☐
      tickets
    • ☐
      other:…
  • (iv)
    other:

    • ☐
      purchase history
    • ☐
      prepaid balance charging history
    • ☐
      other:…
• (d)
  • ☐
    content data:
  • ☐
    (web)mailbox dump
  • ☐
    online storage dump (user-generated data)
  • ☐
    pagedump
  • ☐
    message log/backup
  • ☐
    voicemail dump
  • ☐
    server contents
  • ☐
    device backup
  • ☐
    contact list
  • ☐
    other:…

• ☐
  Additional information in case necessary to (further) specify or limit the range of the requested data:…

SECTION G: Information on the underlying conditions

• (a)
  This EPOC concerns (tick the relevant box(es)):

  • ☐
    criminal proceedings in respect of a criminal offence(s);
  • ☐
    execution of a custodial sentence or a detention order of at least four months following criminal proceedings, imposed by a decision that was not rendered in absentia, in cases where the person convicted absconded from justice.
• (b)
  Nature and legal classification of the offence(s) in relation to which the EPOC is issued and the applicable statutory provision ⁽⁴⁾:

  ……

• (c)
  This EPOC is issued for traffic data which are not requested for the sole purpose of identifying the user, or for content data, or both, and concerns (tick the relevant box(es), if applicable):

  • ☐
    criminal offence(s) punishable in the issuing State by a custodial sentence of a maximum of at least three years;
  • ☐
    one or more of the following offences, if wholly or partly committed by means of an information system:

    • ☐
      offence(s) as defined in Articles 3 to 8 of Directive (EU) 2019/713 of the European Parliament and of the Council ⁽⁵⁾;
    • ☐
      offence(s) as defined in Articles 3 to 7 of Directive 2011/93/EU of the European Parliament and of the Council ⁽⁶⁾;
    • ☐
      offence(s) as defined in Articles 3 to 8 of Directive 2013/40/EU of the European Parliament and of the Council ⁽⁷⁾;
    • ☐
      criminal offences as defined in Articles 3 to 12 and 14 of Directive (EU) 2017/541 of the European Parliament and of the Council ⁽⁸⁾.
• (d)
  Controller/processor:

  European Production Orders shall be addressed to service providers acting as controllers. By way of exception, the European Production Order may be addressed directly to the service provider that processes the data on behalf of the controller.

  Tick where appropriate:

  • ☐
    This EPOC is addressed to the service provider acting as controller.
  • ☐
    This EPOC is addressed to the service provider who is or, in the case of situations where the controller cannot be identified, is possibly processing the data on behalf of the controller, because:

    • ☐
      the controller cannot be identified despite reasonable efforts on the part of the issuing authority
    • ☐
      addressing the controller might be detrimental to the investigation

  If this EPOC is addressed to the service provider processing data on behalf of the controller:

  • ☐
    the processor shall inform the controller about the data production
  • ☐
    the processor shall not inform the controller about the data production until further notice, as it would be detrimental to the investigation. Please provide a short justification ⁽⁹⁾:…
• (e)
  Any other relevant information:…

SECTION H: Information to the user

The addressee shall in any event refrain from informing the person whose data are being requested. It is the responsibility of the issuing authority to inform that person, without undue delay, about the data production.

Please note that (tick where appropriate):

• ☐
  the issuing authority will delay informing the person whose data are being requested, for as long as one or several of the following conditions are met:

  • ☐
    it is necessary to avoid obstructing official or legal inquiries, investigations or procedures;
  • ☐
    it is necessary to avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
  • ☐
    it is necessary to protect public security;
  • ☐
    it is necessary to protect national security;
  • ☐
    it is necessary to protect the rights and freedoms of others.

SECTION I: Details of the issuing authority

The type of issuing authority (tick the relevant box/boxes):

• ☐
  judge, court, or investigating judge
• ☐
  public prosecutor
• ☐
  other competent authority as defined by the issuing State

If validation is necessary, please fill in also Section J.

Please note that (tick if applicable):

• ☐
  This EPOC was issued for subscriber data, or for data requested for the sole purpose of identifying the user, in a validly established emergency case without prior validation, because the validation could not have been obtained in time, or both. The issuing authority confirms that it could issue an order in a similar domestic case without validation, and that ex post validation will be sought without undue delay, at the latest within 48 hours (please note that the addressee will not be informed).

Details of the issuing authority, or its representative, or both, certifying the contents of the EPOC as accurate and correct:

Name of authority:…

Name of its representative:…

Post held (title/grade):…

File number:…

Address:…

Tel. No: (country code) (area/city code)…

Fax No: (country code) (area/city code)…

Email:…

Language(s) spoken:…

If different from above, authority/contact point (e.g. central authority) which can be contacted for any question related to the execution of the EPOC:

Name of the authority/name:…

Address:…

Tel. No: (country code) (area/city code)…

Fax No: (country code) (area/city code)…

Email:…

Signature of the issuing authority or its representative certifying the content of the EPOC as accurate and correct:

Date:…

Signature ⁽¹⁰⁾:…

SECTION J: Details of the validating authority (complete if applicable)

The type of validating authority

• ☐
  judge, court or investigating judge
• ☐
  public prosecutor

Details of the validating authority, or its representative, or both, certifying the contents of the EPOC as accurate and correct:

Name of the authority:…

Name of its representative:…

Post held (title/grade):…

File number:…

Address:…

Tel. No: (country code) (area/city code)…

Fax No: (country code) (area/city code)…

Email:…

Language(s) spoken:…

Date:…

Signature ⁽¹¹⁾:…

SECTION K: Notification and details of the notified enforcing authority (if applicable)

☐ This EPOC is notified to the following enforcing authority: …

Please provide contact details of the notified enforcing authority (if available):

Name of the enforcing authority:…

Address:…

Tel. No: (country code) (area/city code)…

Fax No: (country code) (area/city code)…

Email:…

SECTION L: Transfer of data

• (a)
  Authority to whom the data have to be transferred

  • ☐
    issuing authority,
  • ☐
    validating authority
  • ☐
    other competent authority (e.g. central authority)

    Name and contact details:…

• (b)
  Preferred format in which or means by which the data have to be transferred (if applicable):…

SECTION M: Further information to be included (not to be sent to the addressee ‒ to be provided to the enforcing authority in the event that notification to the enforcing authority is required)

The grounds for determining that the European Preservation Order fulfils the conditions of necessity and proportionality:

……

A summary description of the case:

……

Is the offence for which the European Production Order is being issued punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years and included in the list of offences set out below (tick the relevant box/boxes)?

• ☐
  participation in a criminal organisation;
• ☐
  terrorism;
• ☐
  trafficking in human beings;
• ☐
  sexual exploitation of children and child pornography;
• ☐
  illicit trafficking in narcotic drugs and psychotropic substances;
• ☐
  illicit trafficking in weapons, munitions and explosives;
• ☐
  corruption;
• ☐
  fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371 of the European Parliament and of the Council ⁽¹²⁾;
• ☐
  laundering of the proceeds of crime;
• ☐
  counterfeiting currency, including the euro;
• ☐
  computer-related crime;
• ☐
  environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
• ☐
  facilitation of unauthorised entry and residence;
• ☐
  murder or grievous bodily injury;
• ☐
  illicit trade in human organs and tissue;
• ☐
  kidnapping, illegal restraint or hostage-taking;
• ☐
  racism and xenophobia;
• ☐
  organised or armed robbery;
• ☐
  illicit trafficking in cultural goods, including antiques and works of art;
• ☐
  swindling;
• ☐
  racketeering and extortion;
• ☐
  counterfeiting and piracy of products;
• ☐
  forgery of administrative documents and trafficking therein;
• ☐
  forgery of means of payment;
• ☐
  illicit trafficking in hormonal substances and other growth promoters;
• ☐
  illicit trafficking in nuclear or radioactive materials;
• ☐
  trafficking in stolen vehicles;
• ☐
  rape;
• ☐
  arson;
• ☐
  crimes within the jurisdiction of the International Criminal Court;
• ☐
  unlawful seizure of aircraft or ships;
• ☐
  sabotage.

Where appropriate, please add any additional information that the enforcing authority may need to evaluate the possibility of raising grounds for refusal:

……