CHAPTER I

THE EUROPEAN INVESTIGATION ORDER

Definitions
Article 2
For the purposes of this Directive the following definitions apply:
1. ‘issuing State’ means the Member State in which the EIO is issued;
2. ‘executing State’ means the Member State executing the EIO, in which the investigative measure is to be carried out;
3. ‘issuing authority’ means:
  1. a judge, a court, an investigating judge or a public prosecutor competent in the case concerned; or
  2. any other competent authority as defined by the issuing State which, in the specific case, is acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law. In addition, before it is transmitted to the executing authority the EIO shall be validated, after examination of its conformity with the conditions for issuing an EIO under this Directive, in particular the conditions set out in Article 6.1, by a judge, court, investigating judge or a public prosecutor in the issuing State. Where the EIO has been validated by a judicial authority, that authority may also be regarded as an issuing authority for the purposes of transmission of the EIO;
4. ‘executing authority’ means an authority having competence to recognise an EIO and ensure its execution in accordance with this Directive and the procedures applicable in a similar domestic case. Such procedures may require a court authorisation in the executing State where provided by its national law.