Article 16Procedure for enforcement

1. Where the addressee does not comply with an EPOC within the deadline or with an EPOC-PR, without providing reasons accepted by the issuing authority, and, if applicable, where the enforcing authority has not invoked any of the grounds for refusal as provided for in Article 12, the issuing authority may request the enforcing authority to enforce the European Production Order or the European Preservation Order.

For the purpose of enforcement as referred to in the first subparagraph, the issuing authority shall transfer the order concerned, the form set out in Annex III as completed by the addressee, and any relevant document in accordance with Article 19. The issuing authority shall translate the order concerned and any document to be transferred into one of the languages accepted by the enforcing State and shall inform the addressee of the transfer.

2. Upon receipt, the enforcing authority shall without further formalities recognise and take the necessary measures for enforcement of:

• (a)
  a European Production Order, unless the enforcing authority considers that one of the grounds provided for in paragraph 4 applies; or
• (b)
  a European Preservation Order, unless the enforcing authority considers that one of the grounds provided for in paragraph 5 applies.

The enforcing authority shall take the decision on the recognition of the order concerned without undue delay and no later than five working days after the receipt of that order.

3. The enforcing authority shall formally require the addressee to comply with their relevant obligations, and shall inform the addressee of the following:

• (a)
  the possibility of objecting to the execution of the order concerned by invoking one or more of the grounds listed in paragraph 4, points (a) to (f), or in paragraph 5, points (a) to (e);
• (b)
  the applicable penalties in the event of non-compliance; and
• (c)
  the deadline for compliance or objection.

4. Enforcement of the European Production Order may only be denied on the basis of one or more of the following grounds:

• (a)
  the European Production Order has not been issued or validated by an issuing authority as provided for in Article 4;
• (b)
  the European Production Order has not been issued for an offence provided for in Article 5(4);
• (c)
  the addressee could not comply with the EPOC because of a de facto impossibility due to circumstances not attributable to the addressee, or because the EPOC contains manifest errors;
• (d)
  the European Production Order does not concern data stored by or on behalf of the service provider at the time of receipt of the EPOC;
• (e)
  the service is not covered by this Regulation;
• (f)
  the data requested are protected by immunities or privileges granted under the law of the enforcing State, 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 execution or enforcement of the European Production Order;
• (g)
  in exceptional situations, based on the sole information contained in the EPOC, it is apparent that there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the European Production 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 the Charter.

5. The enforcement of the European Preservation Order may only be denied on the basis of one or more of the following grounds:

• (a)
  the European Preservation Order has not been issued or validated by an issuing authority as provided for in Article 4;
• (b)
  the addressee could not comply with the EPOC-PR because of a de facto impossibility due to circumstances not attributable to the addressee, or because the EPOC-PR contains manifest errors;
• (c)
  the European Preservation Order does not concern data stored by or on behalf of the service provider at the time of receipt of the EPOC-PR;
• (d)
  the service is not covered by the scope of this Regulation;
• (e)
  the data requested are protected by immunities or privileges granted under the law of the enforcing State, 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 execution or enforcement of the European Preservation Order;
• (f)
  in exceptional situations, based on the sole information contained in the EPOC-PR, it is apparent that there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the European Preservation 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 the Charter.

6. In the event of an objection by the addressee as referred to in paragraph 3, point (a), the enforcing authority shall decide whether or not to enforce the European Production Order or the European Preservation Order on the basis of any information provided by the addressee and, if necessary, supplementary information obtained from the issuing authority in accordance with paragraph 7.

7. Before deciding not to recognise or not to enforce the European Production Order or the European Preservation Order in accordance with paragraph 2 or 6, respectively, the enforcing authority shall consult the issuing authority by any appropriate means. Where appropriate, it shall request further information from the issuing authority. The issuing authority shall reply to any such request within five working days.

8. The enforcing authority shall notify all of its decisions immediately to the issuing authority and to the addressee.

9. If the enforcing authority obtains the data requested by a European Production Order from the addressee, it shall transmit those data to the issuing authority without undue delay.

10. Where the addressee does not comply with its obligations under a recognised European Production Order or European Preservation Order the enforceability of which has been confirmed by the enforcing authority, that authority shall impose a pecuniary penalty in accordance with Article 15. An effective judicial remedy shall be available against a decision to impose a pecuniary penalty.