Recital 49

It should be possible to issue a European Preservation Order for any criminal offence. The issuing authority should take into account the rights of the suspect or the accused person in proceedings relating to a criminal offence and should only issue a European Preservation Order if such order could have been issued under the same conditions in a similar domestic case and where it is necessary, proportionate, adequate and applicable to the case in hand. The assessment of whether to issue a European Preservation Order should take into account whether such order is limited to what is strictly necessary to achieve the legitimate aim of preventing the removal, deletion or alteration of data that are relevant and necessary as evidence in an individual case in situations where it could take more time to obtain the production of those data.