Recital 62

Where the enforcing authority is notified of a European Production Order to obtain traffic data, except for data requested for the sole purpose of identifying the user, as defined in this Regulation, or to obtain content data, it should have the right to assess the information set out in the order and, where appropriate, refuse it where, based on a mandatory and due analysis of the information contained in that order and in observance of the applicable rules of primary Union law, in particular the Charter, it reaches the conclusion that one or more of the grounds for refusal provided for in this Regulation could be raised. The need to respect the independence of judicial authorities requires that a degree of discretion be granted to those authorities when taking decisions as to the grounds for refusal.