Recital 66

It should be possible for the enforcing authority, where it is notified pursuant to this Regulation, to refuse a European Production Order in the event that the conduct for which the order has been issued does not constitute an offence under the law of the enforcing State, unless it concerns an offence listed within the categories of offences set out in an annex to this Regulation, as indicated by the issuing authority in the EPOC, if it is punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years.